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NY L81789

January 14, 2005

CLA-2-63:RR:NC:N3:351 L81789


TARIFF NO.: 6307.90.9889

Troy D. Crago
Import Specialist
ATICO International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a collapsible storage bin from China

Dear Mr. Crago:

In your letter dated December 23, 2004, you requested a tariff classification ruling.

The submitted sample, identified as Item #W038CA05023, is a collapsible storage bin/basket that measures 12” high x 8” x 8”. Similar items are identified as Item #s W038CA05024 (12” high x 10” x 10”) and W038CA05025 (14” high x 12” x 12”); no samples of these were received. The sample has an opened top and one pick-up grip sewn to the top edge of one side. The storage bins are similar to a small waste paper basket. They are made of non-woven polypropylene canvas fabric wholly covering a paperboard base. The item is not classifiable under any heading in Chapter 42 in the Harmonized Tariff Schedule of the United States (HTS), which you suggest, as it is not a tote bag. Neither is the item classifiable under any heading in Chapter 39 in the HTS as there is no plastic in the product.

The applicable subheading for the collapsible storage bin will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

The sample will be returned as requested.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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