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NY B89641




October 16, 1997

CLA-2-39:RR:NC:SP:221 B89641

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.90.0000

Mr. Anthony Staton
Fritz Companies, Inc.
P.O. Box 280367
San Francisco, CA 94128

RE: The tariff classification of a rose-shaped jewelry presentation container from China.

Dear Mr. Staton:

In your letter dated August 13, 1997, received in this office on September 19, 1997, filed on behalf of Institutional Financing Service, you requested a tariff classification ruling.

The sample submitted with your letter is a jewelry presentation container in the form of a rose on a stem with leaves. The rose portion is a hinged container composed of polystyrene plastics material covered with textile flocking. The interior has a textile lining on top and a removable foamed plastics pad in the base. The pad has been slit so that a ring may be inserted. The stem and leaves are composed of wire, paper, plastics and textile. The essential character is imparted by the rose-shaped plastic container portion. The sample is being returned as you requested.

The applicable subheading for the rose-shaped jewelry presentation container will be 3923.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, other. The rate of duty will be 3 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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director

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