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NY L86349




July 28, 2005

CLA-2-63:RR:NC:N3:351 L86349

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Marsha McCabe
Midwest Gloves and Gear
P.O. Box 260
Chillicothe, MO 64601

RE: The tariff classification of a pop-up yard bag from China

Dear Ms. McCabe:

In your letter dated July 12, 2005, you requested a tariff classification ruling.

The submitted sample, identified as Style #22A6, is a “pop-up” yard bag. It is constructed of 100 percent polyester woven fabric with a built-in spring-metal frame that allows it to unfold into a standing bag 33” tall with a 12” x 12” opening. It is designed to hold 33-gallon bags and has two carrying handles. It can also be twisted to fit flat into a 12” round carrying pouch. It is designed to be used to help in collecting yard waste and such.

The applicable subheading for the yard 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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