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NY I87158





October 17, 2002

CLA-2-39:RR:NC:SP:221 I87158

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

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

RE: The tariff classification of laminating pouches from China.

Dear Mr. Hoffacker:

In your letter dated September 27, 2002, on behalf of Big Lots Stores, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The laminating pouches are composed of two sheets of polyethylene terephthalate (PET) plastic. The laminating pouches have rounded corners, and are formed by heat sealing the two sheets along the folded edge. The laminating pouches are imported 100 to a retail package, each package containing pouches of various sizes. The laminating pouches are used to hold and protect business cards, photos, luggage tags, bookmarks and similar items. As you requested, the sample is being returned.

The applicable subheading for the laminating pouches will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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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