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NY N024020




March 27, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5600

Mr. James H. Vogland
Parkland Design, Inc.
P.O. Box 1136
Saint Helens, OR 97051

RE: The tariff classification of a plastic storage bag with a zipper from China

Dear Mr. Vogland:

In your letter dated February 27, 2008 you requested a tariff classification ruling.

The submitted illustration depicts an item identified as a vinyl bag with a zipper. This item is a clear plastic bag that measures 6.5 mils in thickness. It has a white zipper closure. It will be used in mattress showrooms to visually display to retail customers, samples of the layers of foam and fiber that will be situated under the top fabric of a mattress.

When displayed in a showroom, the bag will also contain printed material that details characteristics of the mattress. The bag with its contents will sit on top of a mattress in the showroom. Access to the contents of the bag can only be gained through the zippered closure as there are no other openings in the bag. However, you will only be importing the plastic bag. The mattress vendor will put the foam, fiber and printed material into the bag here in the United States.

The bag measures 12” by 12” and is 2.5” in depth. Although it will be used in a showroom, the thickness of the bag provides it with the durability needed to resist rips and tears and it is therefore designed for prolonged use. Based on the thickness and dimensions of the bag it is of the class or kind of merchandise principally used as a household storage bag.

The applicable subheading for the vinyl bag with a zipper will be 3924.90.5600, Harmonized Tariff Schedule of the United States (HTSUS), which provides forother household articlesof plastics: other: 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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