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NY K89853

October 5, 2004

CLA-2-39:RR:NC:SP:221 K89853


TARIFF NO.: 3924.10.4000

Ms. Joanne Harmon
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of “Valentine Candy Dispensers” from China.

Dear Ms. Harmon:

In your letter dated September 27, 2004, you requested a tariff classification ruling.

Four samples were provided with your letter. The Valentine Candy Dispensers (item number 303606) are molded plastic dispensers designed for household use to hold and dispense candy. They come in various styles, but all of them have a translucent heart-shaped top for holding the candy. They measure approximately 8 inches in height and 5 inches in width. The plastic base makes them suitable for use on a table. There is a spring mechanism inside the bottom of the base attached to a small handle. When the handle is pulled, the slot opens and dispenses a small quantity of candy. The samples are being returned as you requested.

The applicable subheading for the Valentine Candy Dispensers will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other tableware, kitchenware and other household articles of plastics: tableware and kitchenware: other. The rate of duty will be 3.4% 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.


Robert B. Swierupski

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