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NY G82404

October 18, 2000

CLA-2-85:RR:NC:1:112 G82404


TARIFF NO.: 8505.19.0000; 7117.90.9000; 9615.19.6000

Ms. Shirley Tomsic
Terressence Merchants
7265 143rd Street
Surrey B.C.
Canada V3W 5P1

RE: The tariff classification of personal diffusers from Canada

Dear Ms. Tomsic:

In your letter dated September 13, 2000 you requested a tariff classification ruling.

As indicated by the submitted samples, there are five separate items in question, described as a magnet, bookmark, barrette, necklace and plant stake. Each of these items contains a portion that is made of clay. In use, a drop of essential oil is placed on the clay portion so that the aroma of this oil can be diffused into the air.

The applicable subheading for the magnet will be 8505.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other permanent magnets. The duty rate will be 4.6 percent ad valorem. The applicable subheading for the necklace will be 7117.90.9000, HTS, which provides for imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other. The duty rate will be 11 percent ad valorem. The applicable subheading for the barrette will be 9615.19.6000, HTS, which provides for combs, hair slides and the like: Other: Other. The duty rate will be 11 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the bookmark and the plant stake. Your request for a classification ruling should include a breakdown as to the value of the clay portion as opposed to the value of the remaining material in the bookmark and plant stake. In addition, please provide a sample of the plant stake since the original sample was not received. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 David Curran at 212-637-7049.


Robert B. Swierupski

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