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NY L86313




August 12, 2005

CLA-2-39:RR:NC:N2:221 L86313

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Marsha L. Dawson
Graco Children’s Products Inc.
150 Oaklands Boulevard
Exton, PA 19341

RE: The tariff classification of a diaper pail/trash can from China

Dear Ms. Dawson:

In your letter dated July 14, 2005, you requested a tariff classification ruling.

The sample submitted with your request is a diaper pail made of molded polypropylene plastic. The diaper pail may be used as a trash can for the kitchen or bathroom when it is no longer needed for disposal of diapers. You also intend to import liners for the pail. Although you describe the liners as bags, you submitted one sample of liner material in the form of tubing and one sample in the form of a cartridge filled with liner material. You indicated in a telephone conversation that you do not know the form in which the liners will be imported.

The applicable subheading for the diaper pail/trash can made of molded plastic will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the liner material. Your request for a classification ruling should include a sample of the liner material in the form in which it will be imported. You must also identify the name of the polymer from which the liner material is made. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include any material that we have returned to you that pertains to the liner material.

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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