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NY B83749




April 28, 1997

CLA-2-39:RR:NC:SP:222 B83749

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. Steve DeCastro
Hemisphere Center
All-Ways Forwarding Int'l., Inc.
U. S. Rt. 1-9 South
Newark, NJ 07114

RE: The tariff classification of a plastic Bendable Bunny Egg container from China.

Dear Mr. DeCastro:

In your letter dated March 25, 1997, on behalf of your client Papel Freelance, you requested a tariff classification ruling.

The submitted sample is a plastic Bendable Bunny Egg Container, item #L88754. The egg-shaped head is designed with a happy face and a bow tie on the front. There is a hole in the back with a plastic snap closure attached. This portion may be filled with candy. The hands, arms, legs and feet are made of bendable plastic that can be twisted to various positions. This item is intended to hold candy, not merely for decorations.

The applicable subheading for the plastic Bendable Bunny Egg container will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles...of plastics: tableware and kitchenware: other: other. The rate of duty will be 3.4 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 Alice Masterson at 212-466-5892.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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