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NY K81939

January 6, 2004
CLA-2-44:RR:NC:2:230 K81939


TARIFF NO.: 4421.90.6000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of wooden craft sticks from China

Dear Ms. Aldinger:

In your letter dated December 9, 2003 you requested a tariff classification ruling.

The ruling was requested on a package of wooden craft sticks, referenced as item # 934528. A sample of the package was submitted for our review. The sample consists of 96 ice cream sticks in six assorted colors. The sticks are packed in a sealed retail package which has instructions on the back showing how to build various articles with the sticks. The sticks measure approximately 4 ½ ” long by 3/8” wide by 1/16” thick. They are flat and have rounded ends. They are identifiable as wooden popsicle or ice cream sticks.

The applicable subheading for the wooden craft sticks, item # 934528, will be 4421.90.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for toothpicks, skewers, candy sticks, ice cream sticks, tongue depressors, drink mixers and similar small wares, other. The rate of duty will be 5.1 percent ad valorem.

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 the ruling letter, 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 646-733-3035.


Robert B. Swierupski

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