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NY 852481


June 5, 1990

CLA-2-39:S:N:N3D:221 852481

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0000

Mr. Joe Couret
Panalpina, Inc.
Harborside Financial Center
34 Exchange Place, Plaza Two - 8th Floor
Jersey City, NJ 07302

RE: The tariff classification of a Pez dispenser from Hong Kong and China.

Dear Mr. Couret:

In your letter dated May 4, 1990, on behalf of Pez Manufacturing Corp., you requested a tariff classification ruling.

The plastic Pez pocket-size dispenser will be imported empty and after importation will be packaged for retail sale in a plastic bag that will include two individually wrapped packages of candy. The final consumer will place the candy in the dispenser, which he can then carry around with him. The sample dispenser has a "Snoopy" head at the top.

The applicable subheading for the Pez dispenser will be 3923.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics, other. The rate of duty will be 3 percent ad valorem.

Importations of this product might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a trademark, tradename or copyright registered with the United States Customs Service.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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