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NY N011564




June 15, 2007

CLA-2-39:RR:NC:N2:222

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.10.4000

Ms. Francine Ramsey
Hampton Direct, Inc.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a plastic grocery bag holder from China.

Dear Ms. Ramsey:

In your letter dated May 16, 2007, you requested a tariff classification ruling.

The submitted illustration depicts an item identified as a Grocery Bag Holder, SKU# 59690. This product is made of polypropylene. The Grocery Bag Holder has a top swivel hanger type hook that can be hung from a cabinet handle or a knob. The bottom of the hook is attached to a horizontal rod and from each of the two ends of that rod extends an arm with a hook at the top and at the bottom. Plastic grocery bags with handles can be hung from the holder by placing the opposing handles of the bag on the top hooks of the opposing arms of the holder, thereby hanging the bag in an open position. Plastic bags without handles can be pierced on both sides and hung from the bottom hooks of the opposing arms. This item allows the consumer to re-cycle plastic grocery bags as kitchen trash bags. The grocery bag holder lays flat for storage when not in use. The Grocery Bag Holder measures approximately 8 inches long by 5 inches wide by 4-3/4 inches high when fully extended.

The applicable subheading for the Grocery Bag Holder will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: other. The rate of duty will be 3.4 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 Gary Kalus at 646-733-3055.

Sincerely,

Robert B. Swierupski
Director,

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