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NY 886932




June 29, 1993

CLA-2-82:S:N:N3:119 886932

CATEGORY: CLASSIFICATION

TARIFF NO.: 8213.00.9000

Mr. Robert Persily
Freight Brokers International Inc.
1200 Brunswick Ave.
Far Rockaway, NY 11691

RE: The tariff classification of scissors from Italy

Dear Mr. Persily:

In your letter dated June 3, 1993, you requested a tariff classification ruling on behalf of La Cross Div. of Del Labs.

The sample you submitted consists of a pair of nail scissors, a pair of cuticle scissors and a plastic cuticle pusher in a plastic pouch of the type that scissors are usually sold in. The pouch consists of a blue plastic back and a clear plastic front with a flap and loop closure.

General Rules of Interpretation 2(b) states: Any reference in a heading to a material or substance shall be taken to include a reference to mixtures or combinations of that material or substance with other materials or substances. Any reference to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or partly of such material or substance. The classification of goods consisting of more than one material or substance shall be according to the principles of rule 3.

The plastic cuticle pusher in relation to the scissors is insignificant. We do not have a set but basically two pairs of scissors in a usual retail package. The sample is not similar to what is known and sold in the trade as manicure sets. The provision for "manicure and pedicure sets, and combinations thereof, in leather cases or other containers of types ordinarily sold therewith in retail sales" does not apply.

The applicable subheading for the complete sample will be 8213.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for scissors, tailors' shears and similar shears... valued over $1.75 per dozen... other. The rate of duty will be 10 cents each plus 10 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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