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NY J85081

June 6, 2003

CLA-2-39:RR:NC:SP: 221 J85081


TARIFF NO. 3924.90.5500

Mr. Floyd Sirico
Rogers & Brown Customs Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a vinyl storage bag from China.

Dear Mr. Sirico:

In your letter dated May 2, 2003, on behalf of your client Franco Manufacturing Co., Inc., you requested a classification ruling.

The submitted sample is identified as a vinyl storage bag, no style number indicated for this item. Construction is clear vinyl of 15mm gauge or better with colored rope handles on the top. The storage bag is designed with a bottom zipper closure. Sizes of the bags will be full, queen and king. The bag is used both for packaging a comforter for retail sale and for household storage of the comforter. Due to the sturdy construction of the bag, including the heavy gauge of vinyl, the sewn seams, the wire supporting frame, and the piping wire cover, the bag is suitable for long term use for off season storage. It belongs to the same class or kind of bags sold empty and used for household storage of linens.

The applicable subheading for the plastic storage bag will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: Other: Other. The 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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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