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NY N003569




December 6, 2006

CLA-2-73:RR:E:NC:N1:113

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.1000

Mr. Frank Meyer
Fastenal
4730 Service Drive
Winona, MN 55987

RE: The tariff classification of tin plated steel trash cans from China.

Dear Mr. Meyer:

In your letter dated November 21, 2006, you requested a tariff classification ruling.

The merchandise consists of tin plated steel trash cans. The outside of each trash can is painted to a specific sport theme. The trash can measures approximately 11 inches in height, 10 inches in diameter at the top and 8½ inches in diameter at the bottom. You indicated in your letter that some of the trash cans may be slightly smaller.

You suggested classification under heading 7310, Harmonized Tariff Schedule of the United States (HTSUS), which provides for containers used for the transportation and sale of retail goods. However, the trash cans for which you are requesting a classification are not covered by this heading. The heading suggested by the Explanatory Notes for waste paper baskets is 7326, HTSUS.

The applicable subheading for the tin plated steel trash cans will be 7326.90.1000, HTSUS, which provides for other articles of iron or steel, other, of tinplate. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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