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NY F81182




January 4, 2000

CLA-2-48:RR:NC:SP:234 F81182

CATEGORY: CLASSIFICATION

TARIFF NO.: 4819.40.0040; 4823.90.8000

Ms. Theresa Stavola
Circle International
55 Johnson Road
Lawrence, NY 11559

RE: The tariff classification of vacuum bags and cardboard rings from China.

Dear Ms. Stavola:

In your letter dated December 17, 1999, you requested a tariff classification ruling on behalf of your client, Metropolitan Vacuum Cleaner Co., Inc. (Suffern, NY). Samples of four products were submitted and are being returned to you as requested.

Item TM-215-10B is a paper vacuum-cleaner bag measuring about 6” wide by 11” high. The opening at the top is covered by a sewn-on paperboard disc with a hole at its center, partially covered by a small, perforated sheet of rubber.

Item DV-5PB is a paper vacuum-cleaner bag essentially the same as the above, except that it measures only about 5½” in height.

Item DVP-26/P101-26 is a paper vacuum-cleaner bag measuring about 4” wide by 3½” high. Unlike the above models, this one is largely open at the top, with only a narrow paperboard ring sewn around its circumference.

The applicable subheading for items TM-215-10B, DV-5PB and DVP-26/P101-26 will be 4819.40.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) sacks and bags, including cones, of paper or paperboard. The rate of duty will be 2.1%.

Item MVC-12 is a cardboard ring having an outside diameter of approximately 4” and an inside diameter of 2½”. It appears to be the type of component used on certain vacuum bags (e.g., item DVP-26/P101-26 described above) to function as a kind of gasket or seal.

The applicable subheading for item MVC-12 will be 4823.90.8000, HTS, which provides for other (than certain enumerated) articles of paper or paperboard: gaskets, washers and other seals. The rate of duty will be 2.1%.

We note that none of the samples are marked with their country of origin. When imported into the United States, the articles (or their immediate containers destined to reach the ultimate purchaser) will be required to be so marked (e.g., “Made in China”), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser.

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 Carl Abramowitz at 212-637-7060.

Sincerely,

Robert B. Swierupski
Director,

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