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NY 814334

September 19, 1995

CLA-2-39:S:N:N3:343 814334


TARIFF NO.: 3926.40.0000

Ms. Lori Aldinger
Rite Aid Corporation
P. O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a sand filled Valentine novelty item from China.

Dear Ms. Aldinger:

In your letter dated September 2, 1995, you requested a tariff classification ruling.

The submitted sample is identified as item #960011, "Valentine Love Letters in Sand". It is a three inch circular container made of plastic with a plastic middle. The plastic middle has the words "I Love You" cut through on one side, while the other side indicates two hearts that have been cut through. The container is partially filled with sand. Consequently, when turned, the messages are revealed.

The applicable subheading for item #960011, will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of heading 3901 to 3914, statuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem.

This ruling is being issued under the provisions of Section 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 Theodore Rauch at 212-466-5892.


Roger J. Silvestri
National Commodity

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