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NY L86924

August 24, 2005

CLA-2-42:RR:NC:TA:341 L86924


TARIFF NO.: 4202.99.9000

Mr. Michael E. Roll
Pisani & Roll
1875 Central Park East suite 600
Los Angeles, CA 90067

RE: The tariff classification of a razor case from China.

Dear Mr. Roll:

  In your letters dated June 15, 2005 and August 5, 2005, on behalf of The Marketing Store Worldwide, you requested a tariff classification ruling for a travel razor case.

  The sample submitted, no style number indicated, is a molded plastic case specially shaped and fitted to contain a Gillette M3Power razor. The case will be imported empty. It is unlined and measures approximately 6” x 2 ½” x ¾”. The travel case will be packaged for retail sale in the United States with a Gillette M3Power razor, a M3Power cartridge, one AAA battery and a shaving tips brochure.

You have requested classification within tariff number 3924.90.5500, HTSUSA, which provides for “Tableware, kitchenware, other household articles and toilet articles, of plastics.” However, classification within subheading 3924, HTS, is subject to Chapter 39, Legal Note 2 (ij) wherein containers of Heading 4202 are excluded from classification in the Chapter. The specially shaped and fitted travel case is designed and used to provide storage, protection, organization and portability for the razor. The case is of a kind classified in Heading 4202, HTSUSA and therefore it is excluded from classification in Heading 3924.

The applicable subheading for the razor case will be 4202.99.9000,Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, other, other, other. The rate of duty will be 20 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 Kevin Gorman at 212-637-7091.

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