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NY J85577




July 1, 2003

CLA-2-39:RR:NC:SP: 221 J85577

CATEGORY: CLASSIFICATION

TARIFF NO. 3926.90.1000

Mr. Brian Bono
Panalpina
561 Airport South Parkway, Suite 100
Atlanta, GA 30349

RE: The tariff classification of a plastic fishing bait pail from China.

Dear Mr. Bono:

In your letter dated June 1, 2003, on behalf of your client ZEBCO, you requested a classification ruling.

You have submitted a photograph depicting a plastic pail that is used for live fishing bait. The pail has a hard plastic handle for carrying convenience. A plastic lid designed with holes is placed over the top of the pail to allow the bait inside to breathe. This lid prevents the live bait from escaping. The picture submitted indicates that there will be decals places on the front and back of the pail. The bait pail is intended to be used by fishermen to keep bait alive.

The applicable subheading for the plastic pail will be 3926.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: other: buckets and pails. 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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