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NY G80863




August 31, 2000

CLA-2-39:RR:NC:SP:221 G80863

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Mark S. Zolno
Katten, Muchin, Zavis
525 West Monroe Street
Suite 1600
Chicago, IL 60661-3693

RE: The tariff classification of a plastic “toy pager” from China.

Dear Mr. Zolno:

In your letter dated August 2, 2000, on behalf of The Marketing Store Worldwide LP, you requested a tariff classification ruling.

A sample was provided with your letter. The “toy pager” is a small plastic case designed to look like a pager. It has a hook so that it can be worn on the belt. It is composed of molded plastic. After it is imported, it will be filled with chewing gum for retail sale. When the gum is finished the pager can serve as a small case to hold small personal articles such as change and keys.

You suggest classification as a toy in heading 9503. However, the pager is simply a plastic box used to hold first gum and then personal items. As you requested, the sample is being returned. The applicable subheading for the toy pager style container will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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