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NY N026378




May 13, 2008

CLA-2-39:OT:RR:E:NC:SP:221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3919.90.5060

Mr. Mark Methenitis
The Vernon Law Group, PLLC
4242 Renaissance Tower
1201 Elm Street
Dallas, TX 75270

RE: The tariff classification of self-adhesive plastic labels from China.

Dear Mr. Methenitis:

In your letter dated April 18, 2008, on behalf of ATC Logistics & Electronics, you requested a tariff classification ruling.

The self-adhesive plastic labels are pre-printed with the Federal Communications Commission Identification Number for specific consumer level Global Positioning System (GPS) products that will be repaired at your client’s facility. You suggest classification in heading 8529 of the Harmonized Tariff Schedule of the United States (HTSUS), as parts of those GPS products. However, the labels are not considered to be parts of GPS devices and therefore are not classified in heading 8529. In addition, legal note 1(g) to Section XVI excludes from classification in any of the headings in that section, including heading 8529, parts of general use as defined in note 2 to section XV, of base metal, or similar goods of plastics of chapter 39. Parts of general use include sign plates, name plates, number and letter plates and identification plates of base metal as described in heading 8310 of the HTSUS. Similar goods of plastics include self-adhesive labels with serial numbers and machine identification codes.

The applicable subheading for the pressure sensitive labels will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rollsotherother. The rate of duty will be 5.8 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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