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NY N022603





February 15, 2008

CLA-2-39:OT:RR:E:NC:SP:221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of a plastic wastebasket liner from Indonesia.

Dear Ms. Davidson:

In your letter dated January 29, 2008, you requested a tariff classification ruling.

A photograph was provided with your letter. SKU 10045384 is identified as a plastic liner for a pandan trash can. The liner is composed of molded polypropylene plastic and measures 9 ¼ inches by 9 ¼ inches by 10 ½ inches high. The included sales literature shows that the liner is intended to be placed within a wastepaper basket made of straw. The liner is not disposable. To the contrary, the liner itself forms a wastepaper receptacle that could be used without the shell.

The applicable subheading for the plastic wastebasket liner will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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/.

Articles classifiable under subheading 3926.90.9980, HTSUS, which are products of Indonesia, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP."

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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