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HQ 967847

August 22, 2005

CLA-2: RR:CTF:TCM 967847MG

Mr. Chris Fladager
Vice President – Director of Imports
Norvanco International Inc.
21902 64th Ave. So.
Kent, Washington 98032

RE: Modification: HQ 967489, dated June 24, 2005

Dear Mr. Fladager:

Customs and Border Protection (CBP) issued Headquarters’ Ruling Letter (HQ) 967489, dated June 24, 2005, to you on behalf of the importer, Spin Master, Inc. The factual background and legal analysis contained in HQ 967489 is hereby incorporated by reference.

The ruling correctly classified the “Magic Hair Beader Styling Kit” in subheading 8205.59.5560, of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand-or pedal-operated grinding wheels with frameworks; base metal parts thereof: Other handtools (including glass cutters) and parts thereof: Other: Other: Other: Of iron or steel: Other (including parts)”. However, the correct duty for that provision under the 2005 column one, general rate of duty rate for the subject article is 5.3 percent ad valorem, not “Free”.

We consider this to be a modifying ruling correcting a clerical error. In this regard and pursuant to 19 CFR 177.12(b), CBP may modify an interpretive ruling or holding or principle covered by a protest review decision that has been in effect for less than 60 calendar days by simply giving written notice of the modification to the person to whom the original ruling was issued. Publication in the Customs Bulletin of a modifying ruling correcting a clerical error is not required pursuant to 19 CFR 177.12(d)(2)(i).


Gail A. Hamill, Chief
Tariff Classification and Marking Branch

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