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NY J89458

October 22, 2003

CLA-2-39:RR:NC:SP:221 J89458


TARIFF NO.: 3926.90.9880; 1704.90.3550

Ms. Leigh Wang
The Disney Store, Inc.
101 North Brand Boulevard, Suite 1000
Glendale, CA 91203-2671

RE: The tariff classification of a plastic candy keeper from China.

Dear Ms. Wang:

In your letter dated September 23, 2003, you requested a classification ruling.

The submitted sample is identified as Cinderella Christmas Candy Keeper, item number PD 0312197. The plastic candy keeper is composed of two parts that fit together with a plastic slide lock fastener clip attached to the top. A split metal ring keeps both parts of the candy container together when opened and attaches the slide lock fastener clip to the candy container. The slide lock fastener allows the candy keeper to be clipped onto a belt or pants. The candy keeper will be filled with a sealed bag of candy at the time of importation.

The sample is returned as you requested.

The applicable subheading for the Cinderella Christmas Candy Keeper will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the candy will be 1704.90.3550, HTS, which provides for sugar confectionery (including white chocolate), not containing cocoaother (than certain enumerated) confections or sweetmeats ready for consumption: put up for retail sale. The rate of duty will be 5.6 percent ad valorem.

Importations of this product might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a trademark, tradename or copyright registered with Customs. If you are an authorized importer of this product we recommend notifying your local Customs office prior to importation.

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.


Robert B. Swierupski

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