CLA-2-39:S:N:N3G:221 852954

Ms. Ann M. Williams
A.N. Deringer, Inc.
30 West Service Road
Champlain, NY 12919-9703

RE: The tariff classification of the "Servabag" from Canada.

Dear Ms. Williams:

In your letter dated May 24, 1990, on behalf of Solution 22 International, you requested a tariff classification ruling.

The Servabag is composed of plastics. It is designed to be mounted to a wall with three included screws. It is used in the home to store and dispense used plastic grocery and merchandise bags.

The applicable subheading for the Servabag will be 3925.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for builders' ware of plastics, not elsewhere specified or included, other. The rate of duty will be 5.3 percent ad valorem. Goods classifiable under subheading 3925.90.0000, HTS, which have originated in the territory of Canada, will be entitled to a 4.2 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport