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NY N005033





January 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0080

Mr. Andrew Lockhart
Le Chateau Inc.
5695 Ferrier
Montreal, Quebec, Canada H4P 1N1

RE: The tariff classification of a garment bag from China

Dear Mr. Lockhart:

In your undated letter, which was received in this office on January 5, 2007, you requested a tariff classification ruling.

The sample submitted with your request is a garment bag supplied by Transco, Montreal. The bag measures 52 inches long by 23 inches wide and has no gusset. It has a front zipper closure that extends approximately 46 inches from the top. There is an opening at the top of the bag for the garment hanger. There is also a metal grommet at the bottom for inserting the hanger so that the garment bag can be folded in half and carried. The bag is made of unsupported plastic sheeting that you identify as a blend of polyethylene and vinyl. Although you state that the thickness is 3 mils, the thickness as measured by this office is 3.5 mils. The sheeting is not of a thickness or construction that is suitable for prolonged or repetitive use. The garment bag is printed with the name “le chateau” and is of a type generally provided free of charge with the purchase of a garment.

The sample is being returned as you requested.

The applicable subheading for the garment bag will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics, other, other. 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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