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NY C85859




April 9, 1998

CLA-2-39:RR:NC:SP:221 C85859

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.50.0000; 3924.90.5500

Ms. Rosy Curbelo
Almacenes Pitusa
Call Box 839
Hato Rey Station
San Juan, Puerto Rico 00919-0839

RE: The tariff classification of bag clips and memo holder refrigerator magnets from China.

Dear Ms. Curbelo:

In your letter dated February 4, 1998, which was received in this office on March 26, 1998, you requested a tariff classification ruling.

The sample submitted with your request, identified as item 517CB2, consists of two bag clips and four memo clips packaged onto a hanging cardboard sheet. The clips are all composed of plastics. The memo clips each contain a small magnet attached to the back so that they may be attached to metal surfaces. The memo clips are designed to hold memos or notes on a refrigerator. The bag clips are designed to reseal opened food bags. The opened bag is placed between the two jaws of the clip, which when released clamp the bag closed. The bag clips and memo clips do not constitute a set, since they are not put up together to meet a particular need or carry out a specific activity.

The applicable subheading for the bag clips will be 3923.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the memo holder refrigerator magnets will be 3924.90.5500, 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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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