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NY K81810





December 29, 2003
CLA-2-39:RR:NC:SP:221 K81810

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Cathy Bonadonna
Bed Bath & Beyond
650 Liberty Avenue
Union, NJ 07083

RE: The tariff classification of a wastebasket from China.

Dear Ms. Bonadonna:

In your letter dated December 2, 2003, you requested a tariff classification ruling.

A sample was provided with your request. The wastebasket consists of a plywood and plastic base and a cardboard frame covered with cellular plastic sheeting backed with nonwoven textile fabric for mere reinforcement. You suggest classification in heading 6307, the provision for other articles of textile material. However, the cellular plastic sheeting backed with a nonwoven textile material is considered a plastic material for tariff purposes. As you requested, the sample will be returned.

The applicable subheading for the wastebasket 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 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.

Sincerely,

Robert B. Swierupski
Director,

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