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NY N027343




May 19, 2008

CLA-2-73:OT:RR:E:NC:N1:113

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8587

Mr. Gary D. Hollis
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of Touch Cans from China

Dear Mr. Hollis:

In your letter dated May 1, 2008, you requested a tariff classification ruling on Touch Cans. Copies of photographs of the merchandise were submitted for our review.

The merchandise is identified in your letter as Touch Cans, SKU number 10045673. The Touch Can that you will be importing is described as a stainless steel trash can with a black enamel finish. Each Touch Can has a 10.5 gallon capacity and a hand-activated lid with a magnetic latch. The item also features an interior liner pail that holds a plastic trash bag and a non-skid base that keeps the can in place and protects the flooring.

The applicable subheading for the Touch Cans will be 7326.90.8587, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles or iron or steel, other, other, other, other. The rate of duty will be 2.9 percent ad valorm.

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 Ann Taub at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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