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NY 808907




May 4, 1995

CLA-2-39:S:N:N6:343 808907

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. Steven C. Meyer
O'Neill & Whitaker, Inc.
30 Vesey Street, Suite 802
New York, NY 10007

RE: The tariff classification of the "Lumident Plak Remover" from China.

Dear Mr. Meyer:

In your letter dated April 4, 1995, on behalf of Lumar International Enterprises, Inc., you requested a tariff classification ruling.

You have submitted drawings and specifications for an item called a "Lumident Plak Remover". It is approximately six inches in length and is made of 100% plastic. It will be used in the home for the removal of plaque between normal visits to the dentist. It will be sold in drug stores or mass market stores.

The item will be packaged in two ways. It will be imported, marketed and sold in its own blister pack, or it will be combined with the "Lumident Lighted Mouth Mirror" and will be imported, marketed and sold in the same blister pack as the lighted mirror. The applicable subheading for the "Lumident Plak Remover" whether packed alone or with the lighted mirror will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics, other, other. The rate of duty will be 3.4 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,


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