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NY G86205




February 9, 2001

CLA-2-39:RR:NC:SP:222 G86205

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 6307.90.9989

Mr. Frank Prackler
Harold I. Pepper, Co., Inc.
181 South Franklin Avenue, Suite 218
Valley Stream, NY 11581

RE: The tariff classification of plastic storage bags and plastic organizers from China.

Dear Me. Prackler:

In your letter dated December 13, 2000, on behalf of your client EZ Do Company, you requested a tariff classification ruling.

You have submitted five samples of plastic storage bags and plastic organizers. Item #X95 is a 10 shelf shoe organizer. It measures 54 inches long by 5-1/2 inches wide by 11 inches deep. The shelves in the pocket areas are composed of non-woven white fabric. The sides and the back panels of the pocket areas are made clear vinyl. The front area remains open for placing shoes inside. The shoe organizer has cardboard inserted in the top and bottom for support. The top of the shoe organizer includes a hook and loop closure that allows this item to be placed on a hanger. In our opinion, the clear vinyl imparts the essential character to this item.

Item #SHW is a 6 shelf sweater and accessory organizer. It is made similar to the shoe organizer in that the shelves are made of non-woven white fabric. The sides and back panels are made of clear vinyl and the front remains open. The top and bottom of the organizer contain cardboard inserts for support. The top of the organizer contains a hook and loop closure that allows this product to be placed on a hanger. It measures 48 inches long by 10 inches wide by 11 inches deep. The clear vinyl imparts the essential character to this article.

Item # X35 is a jumbo dress bag that measures approximately 54 inches long by approximately 17 inches wide by approximately 19 inches deep. The top, bottom and both sides are made of non-woven white textile material. The front and back panels are made of clear vinyl. The dress bag has a front zipper that extends the entire length of the bag. This bag also contains three holes in the top that allows for extending the hooks for hanging. Included with the bag is a metal frame with three hooks. The metal frame is designed to fit in the top of the dress bag and hang in a storage area. The textile panels impart the essential character to this item.

Item #46145 is identified as a 42-pocket shoe organizer. The shoe organizer is made entirely of non-woven fabric. The top and bottom of the shoe organizer is designed with grommets to allow for hanging.

Item #00118 is identified as a plastic shoulder cover. It is placed over the shoulder of garments to prevent soil or damage. All of the submitted samples are packaged individually and put up for retail sale in clear vinyl packages.

The applicable subheading for item #X95, item #XHW and item #00118 will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: other, other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for item #X35 and item #46145 will be 6307.90.9989, HTS, which provides for other made up articlesother. The rate of duty will be 7 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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