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NY J81763




April 18, 2003

CLA-2-73:RR:NC:N1:113 J81763

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.1000

Mr. Joseph Stinson
Lissglobal, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of pen and pencil case from China.

Dear Mr. Stinson:

In your letter dated March 22, 2003, you requested a ruling on tariff classification.

The sample you provided is the “3 Girls” Pen Box and Ball Pen, item # 932082, Mfg # F100803. The article is a set consisting of a tinplated pencil case and a ball point pen, packaged together in a cardboard box. In a follow-up telephone conversation, you indicated that the box was made of tinplate, rather than of tin. Tinplate is a steel product; only items made of the actual metal tin may be classified in Chapter 80, HTS.

The applicable subheading for this product will be 7326.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other, of tinplate. The general 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.).

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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