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NY M87531

November 1, 2006

CLA-2-39:RR:NC:SP:221 M87531


TARIFF NO.: 3924.90.5500

Ms. Jane Jewett
Talus Corp.
470 Riverside Street
Portland, ME 04103

RE: The tariff classification of plastic toothbrush covers from China.

Dear Ms. Jewett:

In your letter dated October 12, 2006, you requested a tariff classification ruling.

  The submitted sample, model number ST-PC 3005, is a set of three polypropylene plastic toothbrush holders packaged together for retail sale. The covers are designed to fit over the brush portion of the toothbrush. The attached snap top lid can be opened for inserting the toothbrush inside and then closed for sanitary purposes. The toothbrush handle remains extended and uncovered. There are two tiny holes at the bottom of the covers for ventilation.

The applicable subheading for the plastic toothbrush covers will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: other. The rate of duty will be 3.4 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).

Pursuant to title 19 United States Code, Section 3005, the Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly, based on that recommendation, it is anticipated that your merchandise will be classified in subheading 3924.90.5600 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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