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NY H84024

July 24, 2001

CLA-2-63:RR:NC:N3:351 H84024


TARIFF NO.: 6307.90.9989, 4202.92.4500

Mr. Don G. Boxer
AKA Int'l., Inc.
2601 Elliot Ave. Suite 3167
Seattle, WA 98121

RE: The tariff classification of stuffed textile heart, PVC pouch with pen, and candy from China.

Dear Mr. Boxer:

In your letter dated July 16, 2001, you requested a ruling on behalf of Galerie Au Chocolat, Inc. on tariff classification.

You submitted a stuffed textile heart, approximately 5” x 5”. On the front, a PVC heart is sewn bearing the words “e-mail me @.” In the back is a zippered compartment in which will be imported a bag of candy hearts.

A second sample is a PVC tube with a teddy bear head on top. It is 10” tall and the base has a diameter of 1¾”. A zipper runs the length in the back. Inside is a pen, but your letter states that the tube will be imported filled with candy.

The applicable subheading for the stuffed textile heart will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up textile articles, other. The general rate of duty will be seven percent ad valorem.

The applicable subheading for PVC tube will be 4202.92.4500, HTS, which provides for travel, sports, and similar bags, other. The general rate of duty will be twenty percent ad valorem. If imported with the pen inside, the same classification would apply to the pen and PVC tube.

Your inquiry does not provide enough information for us to give a classification ruling on the candy. Your request for a classification ruling should include a percentage of ingredients by weight. 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 Mitchel Bayer at 212-637-7086.


Robert B. Swierupski

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