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NY K84968




April 9, 2004
CLA-2-63:RR:NC:N3:351 K84968

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

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

RE: The tariff classification of a tub popper and a garden bag from China

Dear Mr. Hoffacker:

In your letter dated March 12, 2004, you requested a tariff classification ruling on behalf of Garden Meadow, Inc.

The items in question are identified as Article #919N Tub Popper and Article #768 Garden Bag.

The Tub Popper is cylindrically shaped, measures 22”H x 18.5 “W, and is constructed of a non-woven textile exterior with a PVC lining. You indicate that it can be used as a cooler or garbage can.

The Garden Bag, also cylindrically shaped, measures 11”H x 11”W, and is constructed of the same material as the Tub Popper. You indicate that it can be used as an outdoor container for gardening.

Both contain a collapsible metal frame.

The applicable subheading for the tub popper and garden bag will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

The sample will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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