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NY N004188

January 4, 2007



TARIFF NO.: 3924.90.5500

Ms. Linda M. Rasco
Metro Customs Brokers
P.O. Box 1066
40 Miramar Drive, Suite 12
Champlain, NY 12919

RE: The tariff classification of a plastic tubular pillow bag from China.

Dear Ms. Rasco:

In your letter dated December 5, 2006, on behalf of Abond Corp., you requested a tariff classification ruling.

A sample was provided with your letter. Style #2200TUBULARB is a tubular pillow bag composed of polyvinyl chloride plastic sheeting that measures 6 mils in thickness and is perforated with air holes. The bag, which is shaped like an incomplete circle, is specially designed to package and store a neck pillow. The bag has stitched seams that are reinforced with clear binding and has a zipper running across the top so that the pillow can be easily inserted and removed. The bag does not have handles. This bag is suitable for repetitive use as a storage container for the pillow.

The applicable subheading for the pillow bag will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: 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 in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes was sent to the President for proclamation of the changes. By law, the President cannot proclaim the implementation of these latter amendments in the HTS until a required 60-legislative-day Congressional layover period is completed. We understand that the layover period has been completed. Accordingly, the recommended changes will become law after they are proclaimed by the President. The effective date of those changes will be specified in the Presidential proclamation. In addition, at that time, the United States International Trade Commission will post an updated electronic version of the 2007 HTSUS on its website, www.usitc.gov, and the Government Printing Office will publish a hard-copy version of the 2007 HTS.

Once those changes are in effect, it is anticipated that the pillow bag will be classified in 3924.90.56, HTSUS. Under the circumstances, this information 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.


Robert B. Swierupski

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