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NY F80655




December 28, 1999

CLA-2-39:RR:NC:SP:222 F80655

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a plastic cooler from China.

Dear Mr. Hoffacker:

In your letter dated December 7, 1999, on behalf of your client Consolidated Stores, Inc., you requested a classification ruling.

The submitted sample is identified as item #SP-97400, a plastic cooler. The cooler is called a lunch keeper. It is made of hard plastic with a flip lock clasp. The cooler is designed with a tilt-back lid and a carry handle. This cooler measures approximately 8-1/2 inches high, approximately 6-1/4 inches wide and approximately 7-1/2 inches long.

“The cooler is chiefly used to maintain food or beverage at a desired temperature over a period of time”. (SGI, INC. v United States).

The sample is returned as you requested.

The applicable subheading for the hard plastic cooler will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: other. The rate of duty will be 3.4 percent ad valorem.

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 Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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