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NY I83770





July 1, 2002

CLA-2-44:RR:NC:SP:230 I83770

CATEGORY: CLASSIFICATION

TARIFF NO.: 4420.90.4500

Ms. Khem Lall
Federated Merchandising Group
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of a wooden photo storage box from China.

Dear Ms. Lall:

In your letter dated May 17, 2002, you requested a tariff classification ruling. Photos of three products were submitted for our review.

Item H873 is an 8” x 6” x 4” photo storage box made of wood. The box is not lined, and it has a hinged, flip-open lid. The top of the lid features a window in which a photo may be displayed.

The applicable subheading for the H873 photo storage box will be 4420.90.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for jewelry boxes, silverware chests, microscope cases, tool or utensil cases and similar boxes, cases and chests, all the foregoing of wood: not lined with textile fabrics. The rate of duty will be 4.3%.

Your inquiry does not provide sufficient information for us to rule on items XP85397 (vinyl photo storage box) and P2601 (photo album). If you wish to pursue a ruling on these products, please submit samples of them, in the same condition in which they will be imported.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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