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NY N004639




January 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.29.0000

Mr. Dennis Morse
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a Christmas tree removal bag from China.

Dear Mr. Morse:

In your letter dated December 14, 2006, on behalf of Meijer Distribution, you requested a tariff classification ruling.

The sample submitted with your request is a Christmas tree removal bag, item #920349, UPC #0-70508-59873-6. The bag is made of thin gauge polypropylene sheeting and measures 44 inches by 28 inches by 90 inches. The bag is designed as a trash bag for the disposal of a Christmas tree at the end of the season.

You reference New York Ruling K84563, which classified a Christmas tree bag in the tariff provision for other household articles of plastics. The bag that was the subject of that ruling was designed for long-term household storage of an artificial Christmas tree. It was of substantial three-layer construction, including a reinforcing layer of woven textile strips, and incorporated a plastic zipper that extended its entire length and a textile carry handle on each end. The sample that is the subject of this request is a flimsy bag of unsupported polypropylene sheeting for one time disposal of a real tree.

The sample is being returned as you requested.

The applicable subheading for the polypropylene Christmas tree removal bag will be 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plasticssacks and bagsof other plastics. The rate of duty will be 3 percent ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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