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NY 882317





February 23, 1993

CLA-2-39:S:N:N6:221 882317

CATEGORY: CLASSIFICATION

TARIFF NO.: 3925.90.0000

Mr. Jorge E. Veitia
Pronto Cargo Brokers, Inc.
7330 N.W. 66th Street
Miami, Florida 33166-3009

RE: The tariff classification of a toothbrush and holder from China.

Dear Mr. Veitia:

In your letter dated January 15, 1993, on behalf of 4 Children, Inc., you requested a tariff classification ruling.

The tooth brush holder is composed of plastics and is designed to hold a child's toothbrush. The holder contains both an hour glass and a battery operated musical component. When the child removes the toothbrush from the holder, the music and hour glass are activated and continue for ninety seconds, thereby encouraging the child to brush for at least ninety seconds. The holder contains an adhesive backing to attach it to a wall. The holder and the brush will be imported packaged for retail sale.

The applicable subheading for the holder and brush, when imported packaged for retail sale, will be 3925.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for builders' ware of plastics, not elsewhere specified or included, other. The rate of duty will be 5.3 percent ad valorem.

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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