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NY N013039

July 2, 2007



TARIFF NO.: 8509.80.5095

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a nail care appliance from China

Dear Ms. Aldinger:

In your letter dated June 15, 2007, you requested a tariff classification ruling.

The merchandise is identified in your letter as the Manicure Set in Oval Case, item number 975193. The item is a manicure set composed of a battery-operated appliance and seven interchangeable attachments in an oval-shaped plastic case. The appliance has a plastic housing and a self-contained electric motor. It features two speed level settings and measures approximately six inches in length. The appliance requires two AAA batteries to operate; the batteries are not included. The attachments include a cone-shaped stone, small grit disc, small pointed shaping stone, medium grit disc, large grit disc, polishing disc and cuticle pusher. The Manicure Set in Oval Case is packed in a cardboard box for retail sale. The sample will be returned to you as requested.

The applicable subheading for the Manicure Set in Oval Case will be 8509.80.5095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, other appliances, other, other. The rate of duty will be 4.2 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 Ann Taub at 646-733-3018.


Robert B. Swierupski

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