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NY L84632

May 25, 2005

CLA-2-34:RR:NC:SP:236 L84632


TARIFF NO.: 3402.20.5100

Ms. Shelly Hess
N.I. Logistics American Corporation
12480 NE Marx Street
Portland, OR 97230

RE: The tariff classification of Lens Cleaning Device Clip Strip

Dear Ms. Hess:

In your letter dated April 25, 2005, you requested a tariff classification ruling.

The Lens Cleaning Device Clip Strip is a spray cleaning liquid and cloth contained in a plastic housing. The plastic housing has an attached metal clip allowing the Lens Cleaning Device to be attached to a car visor, golf bag, handbag, etc. The user simply flips up the lid end of the housing to reveal a pump sprayer. The cleaning cloth pulls from the housing and automatically retracts by pushing the button on the bottom of the housing. This item is put up for retail sale. The sample will be retained for training purposes.

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 lens cleaning device clip strip with its contents to be a set for tariff classification purposes, with the essential character imparted by the cleaning liquid.

The applicable subheading for the Lens Cleaning Device Clip Strip will be 3402.20.5100, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: Other. The rate of duty will be Free.

You indicate in your letter that you are only pursuing a ruling for the automatic Lens Cleaning Device Clip Strip at this time. When you wish to obtain rulings for the Slide and optical screwdriver please provide a sample and price breakdown for each product. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Debra Wholey at 646-733-3034.


Robert B. Swierupski

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