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NY D80167


August 7, 1998

CLA-2-39:RR:NC:SP:222 D80167

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. Jack D. Mlawski

Galvin & Mlwaski

440 Park Avenue South 9th Floor

New York, NY 10016-8067

RE: The tariff classification of a plastic frame from China.

Dear Mr. Mlawski:

In your letter dated July 10, 1998, on behalf of your client Zelco Industries, Inc., you requested a tariff classification ruling.

The submitted sample is identified as a computer main frame. This item is a plastic frame used to hold a picture and/or included plastic mirror and articulating arm for attachment.

The plastic frame is intended to be attached to the articulated arm. The articulated arm has a suction cup that can be used to attach this article to a computer monitor or other furniture. The rectangular shaped plastic frame snaps open to insert photos on either side, or on one side with the included plastic mirror on the opposite side. This item is part of a class or kind of merchandise used principally in the home.

You also state in your letter of inquiry that the retail container would be marked with the country of origin "Made in China", on the outside near the bar code. In addition, you state that the rectangular plastic frame that contains two pieces which can be snapped apart to insert photos, will be marked "Made in China". Merchandise marked in this fashion is considered to be properly marked with the country of origin.

The applicable subheading for the plastic picture frame will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household 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 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,


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