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NY L81930




January 26, 2005

CLA-2-39:RR:NC:SP:221 L81930

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a 5-gallon water canteen from China.

Dear Mr. Hoffacker:

In your letter dated January 12, 2005, on behalf of Big Lots Stores, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The 5-gallon water canteen is composed of polyethylene plastic, and it can be folded when empty for easy storage. It has a plastic screw-on cap and removable spout. It is designed to be used when camping. As you requested, the sample will be returned.

The applicable subheading for the 5-gallon water canteen 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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