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NY A89213

November 25, 1996

CLA-2-44:RR:NC:2:230 A89213


TARIFF NO.: 4421.90.5000

Mr. Michael Rosbach
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of wooden toothpicks in a plastic holder from China

Dear Mr. Rosbach:

In your letter dated October 31, 1996 you requested a tariff classification ruling.

The ruling was requested on item number 970176, "Wooden Toothpick With Plastic Holder". A sample of the item was submitted. It consists of a package of 100 wooden toothpicks held in a clear plastic oval shaped container. Each toothpick has pointed ends and is approximately 2-1/2 inches long. The plastic container is approximately 1-3/4 inches long and 1-1/4 inches wide. The holder is used to pack and market the toothpicks and is not a separately sold article.

The applicable subheading for the toothpicks with the holder will be 4421.90.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of wood; toothpicks. The rate of duty will be 2.5 percent ad valorem.

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 Paul Garretto at 212-466-5779.


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