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NY I84286




July 17, 2002

CLA-2-96:RR:NC:SP:233 I84286

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.21.0000

Fulijaya Manufacturing Sdn. Bhd.
30, Lorong Makmur 13/I
Lot 905, 906, 907, 908, 937
Taman Maknur Industrial Estate
09000 Kulim, Kadah, Malaysia

RE: The tariff classification of toothbrushes, plastic toothbrush holders and flossing toothpicks from Malaysia.

Dear Sir or Madam:

In your letter dated July 2,2002, you requested a tariff classification ruling.

The submitted samples are as follows:

Hygiene Pack consisting of a toothbrush and a plastic toothbrush holder blister packaged together.

Ultra toothbrush consisting of one oval headed toothbrush and a flossing toothpick blister packaged together.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. This office considers the Hygiene Pack and the Ultra toothbrush to be sets for tariff classification purposes, with the essential character imparted by the toothbrushes. The applicable subheading for the Hygiene Pack and the Ultra toothbrush will be 9603.21.000, Harmonized Tariff Schedule of the United States (HTS), which provides for toothbrushes, including dental-plate brushes. The rate of duty will be free.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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