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NY G81149




September 6, 2000

CLA-2-39:RR:NC:SP:221 G81149

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.10.0000; 4202.92.9050; 8513.10.2000

Mr. Thomas J. Garibaldi
Schmidt, Pritchard & Co., Inc.
9801 West Lawrence Avenue
Schiller Park, IL 60176

RE: The tariff classification of a CD case, flashlight and magnetic clip dispenser from China and Taiwan.

Dear Mr. Garibaldi:

In your letter dated August 17, 2000, on behalf of Dard Products, Inc., you requested a tariff classification ruling.

Three samples were provided with your letter. The CD case (Item DP-542) is designed to hold and transport 12 compact discs within its six inner sleeves. The outer surface is composed of flexible plastic sheeting. It measures approximately 5 ¾ inches by 5 ¾ inches, and has a handle and zipper closure. The flashlight (Item DP-941) is a standard battery-operated flashlight. It is approximately 6 inches in length and contains a filament bulb at the top portion that can be activated to project a beam of light. The magnetic clip dispenser, called the “Clip Roller,” is a molded plastic holder that dispenses paper clips through the use of a magnetic roller.

The applicable subheading for the magnetic clip dispenser will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, office or school supplies. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the flashlight will be 8513.10.2000, HTS, which provides for portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos)flashlights. The rate of duty will be 12.5 percent ad valorem. The applicable subheading for the CD case will be 4202.92.9050, HTS, which provides in part for cases designed to protect and transport compact disks (CD's), CD ROM disks, CD players, cassette players and/or cassettes, with outer surface of sheeting of plastic, other, other. The rate of duty will be 18.6 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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