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NY I80735




April 30, 2002

CLA-2-39:RR:NC:SP:221 I80735

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Gayle E. Meagher
Charles M. Schayer & Co.
3839 Newport Street
Denver, CO 80207

RE: The tariff classification of orthodontic cases from Hong Kong.

Dear Ms. Meagher:

In your letter dated April 10, 2002, on behalf of Archtek Inc., you requested a tariff classification ruling.

Three samples were provided with your letter. The orthodontic cases are composed of molded plastics, and are meant to hold items such as a retainer or mouth guard. One container is circular and measures approximately 3 inches in diameter. The other two cases are roughly rectangular and measure approximately 3 inches by 2 ½ inches.

You suggest that the plastic cases should be classified in subheading 3923.10.0000, HTS, which provides for articles for the conveyance or packing of goods, of plastics...boxes, cases, crates and similar articles. However, Customs Headquarters has ruled that the articles of heading 3923 are those that are used in the conveyance or packing of bulk goods and commercial goods, not personal items.

The applicable subheading for the orthodontic cases 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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