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NY J80506




February 21, 2003

CLA-2-39:RR:NC:SP:221 J80506

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Catherine Johnson
Vital Identity, Inc.
P.O. Box 53
Chanhassen, MN 55317

RE: The tariff classification of a Family Identification Record System from China or Taiwan.

Dear Ms. Johnson:

In your letter dated January 27, 2003, you requested a tariff classification ruling.

The Family Identification Record System is a tri-fold organizer for storage of family records. The organizer is made of soft unsupported polyvinyl chloride (PVC) sheeting and has clear plastic storage sleeves to hold DNA samples, fingerprints, medical and other information. The record system includes four individually sealed profile kits. Each kit includes an individual profile record card, a peel-apart fingerprint strip, a reclosable DNA storage bag for hair samples, a glassine paper DNA storage envelope for buccal swab samples, and a packet with two sterile swabs for collection of DNA buccal samples. There is also a family medical and personal information card to record phone numbers and other vital information.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. This office considers the Family Identification Record System to be a set for tariff classification purposes, with the essential character imparted by the tri-fold organizer.

The applicable subheading for the Family Identification Record System will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles of plastics: other: other. The general rate of duty will be 3.4 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 Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski
Director,

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