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NY J89420




October 22, 2003

CLA-2-39:RR:NC:SP:221 J89420

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000; 1704.90.3550

Ms. Leigh Wang
The Disney Store, Inc.
101 North Brand Boulevard, Suite 1000
Glendale, CA 91203-2671

RE: The tariff classification of plastic candy keepers from China.

Dear Ms. Wang:

In your letter dated September 23, 2003, you requested a classification ruling.

You have submitted two samples of candy keepers (no style numbers indicated). They are identified as Princess Easter Candy Keeper and Buzz Easter Candy Keeper. The candy keepers measure approximately three inches in diameter and approximately four and a half inches high. The candy keepers are composed of plastic and fashioned in the shape of baskets with a cover and handle. The cover of the candy keepers twists on/off for closure. Each basket features a three-dimensional Princess character bust or Buzz character bust permanently affixed in the cover. The candy keepers will be filled with a sealed bag of candy at the time of importation.

The samples are returned as you requested.

The applicable subheading for the Princess and Buzz Candy Keepers will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: Other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the candy will be 1704.90.3550, HTS, which provides for sugar confectionery (including white chocolate), not containing cocoaother (than certain enumerated) confections or sweetmeats ready for consumption: put up for retail sale. The rate of duty will be 5.6 percent ad valorem.

Importations of this product might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a trademark, tradename or copyright registered with Customs. If you are an authorized importer of this product we recommend notifying your local Customs office prior to importation.

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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