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January 7, 1999

CLA-2-39:RR:NC:SP:222 D85576

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. Larry K. Roberton
Knife Master, Inc.
P. O. Box 245
Trenton, Ontario
Canada K8V 5R5

RE: The tariff classification of plastic articles from Canada.

Dear Mr. Roberton:

In your letter dated November 13, 1998, and received in this office on December 11, 1998, you requested a tariff classification ruling.

You have submitted three samples of plastic articles, a photograph of a fourth article and a blister card advertisement of a fifth item.

Sample #1 is a Better Back Scrubber. It is made of foam that is composed of plastic. It measures approximately 24 inches long and approximately 8 inches wide by 1/2 inch thick. The Better Back Scrubber has four Velcro-like strips on the backside. The strips are placed on the wall and the foam scrubber is pressed against the strips to keep the scrubber in place. The foam scrubber can easily be removed for cleaning or rinsing.

Sample #2 is identified as Bug Trap. This product is designed with two plastic pieces that fit together. One part of the trap contains three small holes. This product measures approximately 2-3/4 inches in diameter. The Bug Trap is intended to be used to capture and kill flying and crawling insects by placing certain ingredients inside. The Bug Traps are empty, the individual may add their own bait. The Bug Traps can be emptied and reused.

Sample #3 is shown on a blister card advertisement. This item is identified as a Sock Assistant. It depicts lightweight handle with a piece shaped in a “u” hook on the end. The “u” hook has Velcro-like strips on the sides to hold the sock in place as it is pulled onto the foot or taken off. Sample #4 is a cargo strap composed of polyurathane material. This strap is used to tie down items while traveling.

Sample #5 is depicted in a color photograph. It is a balcony planter made of plastic. The planter measures 40" tall with a bottom that measures 18" in diameter and the top measures 13" in diameter. Positioned around the sides from top to bottom are extended areas for flowers or plants.

We are unable to render classifications on the “cargo strap” and the “sock assistant” without samples. If you wish to have these items ruled on, please submit the samples with your request. The cargo strap should be in the full length with the ends included. Also a sample of the sock assistant should accompany your request.

The applicable subheading for samples #1, #2 and #5, will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles and toilet articles, of plastics: other, other. The general rate of duty will be 3.4 percent ad valorem.

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 Alice Masterson at 212-466-5892.

Sincerely,

Robert B. Swierupski
Director,

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