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NY M81105





March 16, 2006

CLA-2-39:RR:NC:SP:221 M81105

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.10.0000

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of a CD jewel case and label set from China.

Dear Ms. Davidson:

In your undated letter, received in this office on March 9, 2006, you requested a tariff classification ruling.

A sample was provided with your letter. The “CD & Jewel Case Erasable Label Starter Kit” consists of ten plastic CD jewel cases, erasable labels and a marker. These items are packaged together for retail sale and will be classified together as a set in the provision applicable to the jewel cases, which impart the essential character of the set. Although these CD jewel cases are marketed for use in the home or office, the CD jewel cases are of a class or kind of container principally used to package CD’s for retail sale.

The applicable subheading for the CD & Jewel Case Erasable Label Starter Kit will be 3923.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics, boxes, cases, crates and similar articles. The rate of duty will be 3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Sincerely,

Robert B. Swierupski
Director,

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