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NY G82149





September 21, 2000

CLA-2-44:RR:NC:SP:230 G82149

CATEGORY: CLASSIFICATION

TARIFF NO.: 4420.90.8000

Ms. Irene Kwok c/o Ms. Angel Hui
CDP Asia Ltd.
330 Madison Ave. (12/F, suite 1278)
New York, NY 10017

RE: The tariff classification of a wooden tray from China.

Dear Ms. Kwok:

In your letter dated August 30, 2000, you requested a tariff classification ruling.

A sample identified as a #C-57647 “MDF Wooden Tray” was submitted and will be retained for reference. It is a shallow, open box measuring 6” x 9½” x 2¼”(H). It is made of fiberboard panels that have been coated on all surfaces with a silver-colored finishing material. Each end panel features two adjacent ¾”-diameter holes, presumably intended to serve as finger grips to facilitate carrying and handling.

Ms. Angel Hui of your New York office has advised by telephone that after importation, these trays will be filled with bath products, lotions, etc. and shrink-wrapped for retail sale. However, they are designed to be sturdy and attractive so that the consumer can use them indefinitely as holders or caddies for various household items.

The applicable subheading for the #C-57647 trays will be 4420.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for wooden articles of furniture not falling within chapter 94. The rate of duty will be 3.2%.

We note that the sample is not marked with its country of origin. When imported into the United States, the goods will be required to be so marked (e.g., “Tray Made in China”), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,

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