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NY L86600




August 3, 2005

CLA-2-39:RR:NC:N2:221 L86600

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of plastic stacking baskets from China

Dear Ms. Davidson:

In your undated letter, which was received in this office on July 27, 2005, you requested a tariff classification ruling.

The sample submitted with your request is identified as SKU #10025548 poly frost stacking basket. It consists of a translucent polypropylene basket or bin with a steel frame. Multiple baskets can be stacked on top of each other. The literature suggests use for storing items in the closet, kitchen, pantry, garage or bathroom.

The applicable subheading for the stacking baskets 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.

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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