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NY J85713




June 23, 2003

CLA-2-63:RR:NC:TA:351 J85713

CATEGORY: CLASSIFICATION

TARIFF NO.: 5404.90.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA

RE: The tariff classification of ribbon eggs and ribbons from China.

Dear Ms. Aldinger:

In your letter dated June 12, 2003, you requested a tariff classification ruling.

The sample submitted is item number 933599, which consists of four ribbon eggs and four-ribbon bow packed in a plastic container. The eggs are made of polyester textile strips. The strips meet the dimensional requirements for man-made fiber strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS).

The applicable subheading for the ribbon eggs will be 5404.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic monofilament . . .; strip and the like (for example, artificial straw) of synthetic textile materials of an apparent width not exceeding 5mm. The rate of duty will be 0.5 percent ad valorem.

The issue of the classification of certain bows under HTS Heading 3926 is currently pending before the United States Court of International Trade (CIT) in the matter of Berwick Industries, Inc. v. United States, Court No. 98-12-03189. Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

In light of the prohibition set out in 19 CFR 177.7(b), and as the instant classification ruling request is closely related to the issue presently pending in the CIT, we are unable to issue a classification ruling letter to you. Accordingly, we are administratively closing our file. You may submit another request after the court has issued its decision in the Berwick Industries, Inc. case.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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