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NY J88705




September 16, 2003

CLA-2-39:RR:NC:SP:221 J88705

CATEGORY: CLASSIFICATION

TARIFF NO. 3926.90.9880

Mr. Mark Weisbrod
The Better Mousetrap People (B.C.) Ltd.
111 Water Street, Suite 210
Vancouver, B.C.
Canada V6B 1A7

RE: The tariff classification of plastic keepsake pockets from China.

Dear Mr. Weisbrod:

In your letter dated September 1, 2003, you requested a classification ruling.

You have submitted drawings and photographs of item number PEBB001, “Scrapbooking Keepsake Pockets”. This product will be used to store and display small personal keepsakes or heirlooms such as a lock of hair, a sample of beach sand or a sea shell.

The small storage pockets measure approximately 1 inch to 1.5 inches in diameter. A clear plastic top surface is mounted within a circular side wall clasp mechanism. The top surface is in the shape of a dome to allow easy viewing of the contents from various angles. The bottom edge of the single clasp mechanism has a small number of flexible “claw type” clasps that can be easily bent inwards to firmly hold a clear acrylic plastic bottom surface. The top surface and the bottom surface are made of molded, clear acrylic. The side wall clasp is made of a soft metal such as zinc alloy or tin. The keepsake pockets will be sold individually on a mounting card, sealed in a clear flat cellophane bag.

The assembled and closed device would measure approximately 3/8 inch high. The side wall clasp contains a mounting eyelet hole disc mounted on one edge of the side wall clasp. An individual could mount this “Keepsake Pocket” into a scrapbook using an eyelet, ribbon or thread. Your letter of inquiry states that no attachment materials such as eyelets, ribbon or thread will be included in the package when the “Keepsake Pocket” is sold. In our opinion the essential character is imparted by the plastic components.

The applicable subheading for the “Scrapbooking Keepsake Pockets” will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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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