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NY M86487




October 5, 2006

CLA-2-39:RR:NC:SP:221 M86487

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.10.0000; 3924.90.5500

Ms. Geri Davidson
The Container Store
500 Freeport Pkwy
Coppell, TX 75019

RE: The tariff classification of various plastic organizer, pencil and mirror bins from China.

Dear Ms. Davidson:

In your undated letter, received in this office on September 6, 2006, you requested a tariff classification ruling.

Three samples were provided with your letter. All three bins consist of a metal wire frame that supports the plastic sheeting that forms the front, back, bottom and sides of the bin. The first sample is called an organizer bin. It measures approximately 7 ½ inches in length, 2 inches in width and 4 ½ inches at its greatest height. It has three compartments in which office items such as pencils and pens can be held. The pencil organizer measures approximately 3 ½ inches in length, 1½ inches in width and 4 inches at its greatest height. It has a single compartment. The mirror bin consists of a small bin with a plastic mirror. The mirror measures approximately 5 ½ inches in diameter. The plastic imparts the essential character of the bins.

The applicable subheading for the organizer bin and the pencil bin will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plasticsoffice or school supplies. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the mirror bin will be 3924.90.5500, HTSUS, which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Pursuant to title 19 United States Code, Section 3005, The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that the mirror bin will be classified in subheading 3924.90.5600, HTSUS, under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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