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NY L87335





September 21, 2005

CLA-2-63:RR:NC:N3:351 L87335

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Yuri Starikov
The Home Depot
Customs Compliance at Cumberland
2nd Floor
2455 Paces Ferry Road Northwest
Atlanta, GA 3039-4024

RE: The tariff classification of canvas closet organizers from China

Dear Mr. Starikov:

In your letter dated September 1, 2005, you requested a tariff classification ruling.

The submitted sample is identified as the “5 Piece Canvas Closet and Storage Organizer,” (Product number 26001). It is composed of a10-Pair Cotton Canvas Shoe Shelf, an 8-shelf Cotton Canvas Accessory Bag, a Dress Bag, and a Sweater Bag 2-pc Pack. They are packaged together in a zipper pack made of clear plastic sheeting with seams reinforced with textile. You have indicated that The Home Depot may sell the items at retail packed as a set in one unit, or each item may be sold individually.

The 10-Pair Cotton Canvas Shoe Shelf is an accordion-style organizer that is constructed of cotton fabric with chipboard supports and holds ten pairs of shoes. It comes with metal hangers so that it can hang in a closet. It measures 6”W x 54”H x 12”D.

The 8-Shelf Cotton Canvas Accessory Bag has eight shelves and is designed to hang and hold clothes and other accessories. The sides and back are constructed of cotton fabric. Each shelf is constructed of 4-gauge PVC, with chipboard supports in the front and back. The bottom shelf is also constructed of chipboard wrapped in PVC. It comes with metal hangers so that it can hang in a closet. The bag measures 12”W x 54”W x 12”D.

The Sweater Bag 2-pc Pack is a pair of bags with zippered tops (side, front, side). They are designed for storing sweaters and other foldable clothes. Each bag measures 15.5”L x 13.5”H x 3”W. The bottoms and backs are constructed of cotton fabric and the fronts, tops, and sides are constructed of clear, non-embossed PVC sheeting of which the submitted sample is approximately 3.5 mil (0.0035”) thick. They are secured with zippers.

The Dress Bag measures 24”W x 60”H x 3”D. The back is constructed of the same fabric as above and the front, top, bottom, and sides are made of clear, non-embossed PVC sheeting approximately 3.5 mil thick. A zipper that runs vertically up the front of the bag secures the item. The dress bag has an opening at the top through which a standard clothes hanger is inserted.

Each bag is designed to provide storage and organization for clothing and accessories. Neither the sweater bags nor the dress bag are designed for prolonged use as a traveling bag.

We have determined that the essential character of each of these items is imparted by the textile components. The fabric, which is not coated, is a greige or unbleached woven 7-oz. canvas or duck fabric, of cotton with a maximum of 5% polyester. The fabric and thin PVC sheeting indicate that these bags are not designed for travel.

The applicable subheading for each of these items will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem. Please note the provided classification applies only to the articles as described. Similar articles made-up of other sheeting of plastic and/or other materials may be classifiable in other provisions.

The samples 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.

Sincerely,

Robert B. Swierupski
Director,

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