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NY J89877




November 10, 2003

CLA-2-39:RR:NC:SP:221 J89877

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a plastic pop-up garden bag from China.

Dear Ms. Aldinger:

In your letter dated October 15, 2003, you requested a tariff classification ruling.

The submitted sample is a cylindrical bag, described as a “Pop Up Bag,” item number 935135. The bag is made of material consisting of manmade strips measuring not over 5 mm in width, thus meeting the dimensional requirements of textile strips. The strips have been woven, and then covered on both sides with a plastic coating that is visible to the naked eye other than merely by change of color. Material of this construction is classified with plastics in chapter 39 for tariff purposes. The bag measures approximately 22 inches in diameter by 28 inches in height and incorporates an inserted steel spiral wire. The bag folds compactly for storage, and stays in a folded condition by virtue of two interlocking loops. It also has three handles. The bag is intended for use in and around the home to hold trash, leaves or compost.

The sample is being returned as you requested.

The applicable subheading for the plastic pop-up garden bag will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other 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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