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NY H88882




March 8, 2002

CLA-2-39:RR:NC:SP:222 H88882

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Maria Da Rocha
D&D Customhouse Brokerage
701 Newark Avenue, Suite LL1
Elizabeth, NJ 07208

RE: The tariff classification of an automatic cap-opening dustbin from China.

Dear Ms. Da Rocha:

In your letter dated January 29, 2002, and received in this office on February 27, 2002, on behalf of your client Tristar Products, you requested a classification ruling.

The submitted sample is identified as style number DZT-8-2, an Automatic Cap-Opening Dustbin. The automatic opening and closing control system consists of computer chips, an infra red detecting device, a mechanical transmitting device and an electric drive system. This plastic garbage dustbin operates utilizing four size “D” batteries that fit into a battery case located at the bottom of the dustbin. The control system is activated with an on/off power switch.

The cap will open automatically within 0.5 seconds when the hand is held about 10 centimeters above the inductive window. The dustbin will automatically close in 3 seconds after the hand departs. The indicator lamp shows green while the cap is open and red when the cap closes. There is also a manual function that allows the cap to remain open for frequent rubbish disposal or for removal of the garbage bag. In our opinion the automatic dustbin will be used in and around the home.

The sample is returned to you as requested.

The applicable subheading for style number DZT-8-2, Automatic Cap-Opening Dustbin 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.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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