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NY N004787




January 24, 2007

CLA-2-42:RR:NC:N3:341

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060

Terry Jenkins
Cole International Inc.
# 700, 615 Macleod Trail South
Calgary, AB, Canada T2P 3C2

RE: The tariff classification of a carry bag

Dear Mr. Jenkins:

In your letter dated December 21, 2006, you requested a tariff classification ruling on behalf of your client, OPI Products.

The sample submitted is a carry bag constructed from PVC (polyvinylchloride) plastic sheeting. It measures approximately 4” (W) x 2.5” (H) x 1” (D). It features a top opening that is secured by two snap closures and one top handle. The plastic sheeting is approximately 11 mils thick. The bag is designed to provide storage, protection, organization and portability to its contents and is suitable for repetitive reuse. We are retaining the bag as an official office sample.

In your ruling request, you suggested classification of the submitted sample under 3923.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for conveyance or packaging, of plastics. Chapter 39 is subject to exclusionary notes that preclude classification therein if the item is classifiable in heading 4202, HTSUS.

The applicable subheading for the carry bag will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other cases and containers with outer surface of sheeting of plastic, other. The rate of duty will be 17.6 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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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