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NY K89005





August 31, 2004
CLA-2-94:RR:NC:SP:233 K89005

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.20.0030

Ms. Marsha McCabe
Midwest Quality Gloves, Inc.
P.O. Box 260
Chillicothe, MO 64601

RE: The tariff classification of a Bag Caddy from China.

Dear Ms. McCabe:

In your letter dated August 18, 2004, you requested a tariff classification ruling.

The submitted sample is identified as Bag Caddy, Style #52. The item is a portable bag stand made of metal, designed to stand on the floor or ground. It is used for the lawn and garden, recycling, laundry sorting, garage waste, camping, picnics and the like. The caddy holds 33 to 39 gallon garbage and compost bags and folds for storage.

Your sample is being returned as requested.

The applicable subheading for the Bag Caddy will be 9403.20.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other furniture and parts thereof: Other metal furniture, Other: Other.” The rate of duty will be free.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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