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NY J83165




April 23, 2003

CLA-2-39:RR:NC:SP:221 J83165

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.90.5500

Mr. Dennis Shostak
Paper Magic Group, Inc.
100 North Sixth Street, Suite 899C
Minneapolis, MN 55403

RE: The tariff classification of plastic filler eggs from China.

Dear Mr. Shostak:

In your letter dated April 4, 2003, you requested a classification ruling.

The submitted sample is identified as item number 6115700. The sample consists of twelve 2.375-inch plastic jelly bean filler eggs that will be used to fill with candy for children. Your letter of inquiry states that the plastic filler eggs will be available in assorted colors. They will be packaged in a polybag with a header card for retail sale around the Easter holiday season. Although they are called eggs, they are made in the shape of jelly beans. Jelly beans are not a symbol of any holiday.

The applicable subheading for the plastic filler eggs will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof 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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