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NY K83940




April 1, 2004
CLA-2-90:RR:NC:MM:114 K83940

CATEGORY: CLASSIFICATION

TARIFF NO.: 9003.19.0000

Mr. Thomas K. Paciaffi
Coronet Brokers Corp.
P.O Box 300764
Cargo Bldg. 80
John F. Kennedy International Airport
Jamaica, New York 11430-0764

RE: The tariff classification of clip-on eyeglass frames and metal cases from China

Dear Mr. Paciaffi:

In your letter dated March 4, 2004, on behalf of Opsales Inc., you requested a tariff classification ruling.

The submitted samples consist of a clip-on metal eyewear frame without lenses and a metal case for the clip-on frame. Your client proposes to ship the clip-on frames from one manufacturer in China and the metal cases from another manufacturer in China to a warehouse in Hong Kong. The forwarder in Hong Kong will ship equal numbers of clip-on frames and metal cases to the United States. For example, ten cartons of the metal cases containing 500 pieces and five cartons of frames containing 1000 pieces would be shipped together to the United States so that a single bill of lading would contain 5000 metal cases and 5000 frames. The frames and the cases will be entered on one entry. The clip-on frames will not be placed into the metal cases, as they would have to be removed from the cases upon arrival in the United States in order to have the lenses inserted into the frames. After importation, ophthalmic lenses will be cut and inserted into the clip-on frames.

In your letter, you state that the metal case is designed specifically for the clip-on frame. The case is smaller in length and in depth than a case designed for an eyeglass frame or sunglass frame with temples. The case is made of a metal alloy and is suitable for long term use with the clip-on frame.

Shipments of equal numbers of the metal cases and metal frames are classified pursuant to GRI 5 (a). Under GRI 5 (a), cases, specifically shaped or fitted to contain an article, suitable for long-term use and entered with the article for which intended, shall be classified with the article when of a kind normally sold therewith. The applicable subheading for the clip-on metal frames and the metal cases, when imported in the same shipment in equal numbers and sold with the metal frames, will be 9003.19.00, Harmonized Tariff Schedule of the United States (HTS), which provides for frames and mountings for spectacles, goggles or the like, of other materials. The 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. 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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