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NY K87594




July 22, 2004
CLA-2-39:RR:NC:SP:221 K87594

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Robert Gardenier
M.E. Dey & Co. Inc.
5007 South Howell Avenue
P.O Box 370080
Milwaukee, WI 53237-0080

RE: The tariff classification of lawn sweeper bags from China.

Dear Mr. Gardenier:

In your letter dated May 26, 2004, which was received in this office on July 7, 2004, on behalf of Custom Faberkin Inc., you requested a tariff classification ruling.

Two samples were submitted with your request. The product is described as a lawn sweeper bag designed to be pulled behind a lawn tractor. The bag is imported without metal supports, which are added after importation. You state that the bottom is laminated vinyl and the sides are low density polyethylene. The samples are composed predominantly of plastics. Each sample bag has a bottom made of thick, embossed plastic sheeting. The three sides are made of textile fabric heavily and visibly coated with plastic material. Material of this construction is considered to be of chapter 39 plastics for tariff classification purposes. The top is made of woven strip material. The samples are being returned as you requested.

The applicable subheading for the lawn sweeper bags 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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