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NY E89056




November 2, 1999

CLA-2-76:RR:NC:1: 115 E89056

CATEGORY: CLASSIFICATION

TARIFF NO.: 7616.99.5090

Ms. Sandra Elliott
Phoenix International
28466 Highland
Romulus, MI 48174

RE: The tariff classification of an Aluminum Frisbee Retriever Set from China.

Dear Ms. Elliott:

In your letter dated October 18, 1999 you requested a tariff classification ruling on behalf of your client United Global Sourcing Inc.

The sample submitted consists of seven aluminum poles each over twenty inches in length with some smaller pieces of aluminum. The poles are packaged in a nylon bag that has a draw string to tighten the bag. The article is called a Frisbee Retriever Set.

The applicable subheading for the Aluminum Frisbee Retriever Set will be 7619.99.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of aluminum: Other: Other: Other. The rate of duty will be 2.5% ad valorem.

The nylon bag will be classified under the General Rules of Interpretation 5(a) which states “Camera cases, musical instrument cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character”.

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 Melvyn Birnbaum at 212-637-7017.

Sincerely,

Robert B. Swierupski
Director,

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