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NY I88249




December 3, 2002

CLA-2-39:RR:NC:SP:221 I88249

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. Rolando E. Portal
ABC Distributing, Inc.
6301 East 10th Avenue
Hialeah, FL 33013

RE: The tariff classification of the “1001 Piece Tool Organizer” from China.

Dear Mr. Portal:

In your letter dated November 4, 2002, you requested a tariff classification ruling.

A sample was provided with your letter. The 1001 Piece Tool Organizer consists of a plastic tool organizer that holds such items as the included nails, screws, cotter pins and other fasteners in 25 drawers. The organizer also includes 5 screwdrivers, 1 adjustable wrench, 1 pair of pliers and 1 cutter. The tools, which are marketed as a bonus included with purchase, fit into slots in the back of the organizer. The organizer, which measures approximately 8 ½ inches in width, 5 ¾ inches in height and 4 7/8 inches in depth, is not designed for travel, since the contents would spill out in transport. The organizer and its contents are packaged for retail sale and they will be classified together in the provision applicable to the article which imparts the essential character of the set. In this instance, the organizer imparts the essential character. As you requested, the sample is being returned.

The applicable subheading for the 1001 Piece Tool Organizer will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles of 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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