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NY B87720




August 8, 1997

CLA-2-73:RR:NC:MM:113 B87720

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.5060

Mrs. Wynelle Spurgeon
Trans-World Container Line
3206 Frenchmens Road
Toledo, OH 44130

RE: The tariff classification of Baby Time Capsules from China

Dear Mrs. Spurgeon:

In your letter dated July 21, 1997, you requested a tariff classification ruling.

The merchandise is the Mother's Choice Baby Time Capsule. This item is a set consisting of a storage container containing a growth chart, a hand and foot poster, a family tree poster, a diary, a photo frame, a mini-keepsake file, sealing stickers and three satin sachets. The can is cylindrical, 11 1/2 inches tall and 4 1/2 inches in diameter. It is made of tin-plated steel and is painted with a baby motif of toys and dolls. The label on the container says:

Baby Time Capsule
This is the secret story of _______
Not to be opened until ______

In the opinion of this office, the container gives the whole of this set its essential character.

The applicable subheading for the Baby Time Capsule will be 7323.99.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles, of iron or steel, other, other, not coated or plated with precious metal, of tinplate. The rate of duty will be 1.2 percent ad valorem.

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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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