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NY K81094




November 25, 2003
CLA-2-39:RR:NC:SP:221 K81094

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

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

RE: The tariff classification of the “Picnic Tote” from China.

Dear Mr. Hoffacker:

In your letter dated November 10, 2003, on behalf of Big Lots Stores, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The Picnic Tote (Item #091002) is composed of molded polypropylene plastic. It measures approximately 15 inches in length by 5 inches in width by 15.5 inches in height. Such totes can be used to carry a variety of items, such as groceries and beach and picnic items. As you requested, the sample will be returned.

The applicable subheading for the molded plastic picnic tote bag 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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