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January 20, 1999

CLA-2-94:RR:NC:SP:233 D86769

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040

Mr. David J. Franco
Franco Manufacturing Company, Inc.
555 Prospect Street
Metuchen, NJ 08840-2293

RE: The tariff classification of storage container from China.

Dear Mr. Franco:

In your letter dated November 6, 1998, which was received by this office on January 13, 1999, you requested a tariff classification ruling.

The submitted sample, the “Pop-Ups! Hamper,” is a storage container. It is constructed of nylon fabric on a wire frame. The container opens up into a cylinder shape measuring approximately 18.75 inches in diameter by 22.75 inches high. It can be collapsed and held flat by toggle buttons and loops on the sides. The container can be used to store laundry, toys, towels, etc. and is designed to be placed on the floor or ground.

The applicable subheading for the storage container will be 9403.80.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furniture and parts thereof: furniture of other materials, other, household. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Lawrence Mushinske at 212-466-5739.

Sincerely,

Robert B. Swierupski

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