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NY G88985




September 5, 2001

CLA-2-39:RR:NC:SP:222 G88985

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Irene Kwok
Concept 3 Ltd.
M/S Debbie
330 Madison Avenue 12/F, Suite 1278
New York, NY 10017

RE: The tariff classification of a mini plastic eyemask in a plastic pouch from China.

Dear Kwok:

In your letter dated March 15, 2001, you requested a tariff classification ruling.

The submitted sample is identified as item number C3-60590S. It is a mini eyemask made of clear plastic. The eyemask contains a liquid gel. This item is packaged in a plastic pouch. Headquarters has recently decided in HQ 963725, and others, that liquid filled plastic eyemasks would be classified as 3924.90.5500.

You also questioned whether this plastic eyemask and pouch would be subject to countervailing or antidumping duties.

Many products are covered by antidumping proceedings and, therefore, may be liable for antidumping duties. A list of AD/CVD proceedings at the Department of Commerce and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

The applicable subheading for the plastic eyemask and plastic pouch will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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