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NY I85787





September 6, 2002

CLA-2-49:RR:NC:SP:234 I85787

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.10.0080

Mr. Kevin Krich
Crew Design Inc.
391 Kent Cornwall Road
Kent, CT 06757

RE: The tariff classification of a printed “pop up can” sign from China.

Dear Mr. Krich:

In your letter dated August 27, 2002 you requested a tariff classification ruling.

A sample identified as a “pop up can,” used for advertising purposes inside or outside supermarkets, convenience stores or the like, was submitted for our examination and is being returned as requested. It is a cylinder-shaped article, made of nylon textile fabric supported by a metal spring-wire frame, designed to look like a giant can of soda. It is about 2 feet in diameter and several feet high. The exterior is printed with graphics like those found on an actual can of a particular brand of carbonated beverage. The design of the “can” is such that it can be compressed for convenience in storage or transportation, and subsequently expanded (“popped up”) for reuse.

The applicable subheading for the above-described printed “pop up can” will be 4911.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other printed matter: trade advertising materialother (than certain enumerated kinds). The rate of duty will be free.

The sample does not appear to be marked with its country of origin. When imported into the United States, the item (or its immediate container) 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 or recipient.

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 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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