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NY K87723




August 18, 2004
CLA-2-39:RR:NC:SP:221 K87723

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.90.5500

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a plastic storage organizer from China.

Dear Ms. Wierbicki:

In your letter dated July 21, 2004, on behalf of your client Tara Toy Corporation, you requested a classification ruling.

The submitted sample is identified as item number 20056. It is a hanging toy car organizer that measures approximately 48 inches long by 24 inches wide. The toy car organizer incorporates pockets for individually storing and displaying “Hot Wheels” miniature cars. The storage organizer is constructed from dark blue polyvinyl chloride (PVC) material that is backed with man-made fiber woven textile fabric. Twelve sections of clear polyvinyl chloride (PVC) material are vertically heat sealed onto the organizer, creating eleven horizontal rows of twelve small pockets and one horizontal row of seven pockets.

The third row features one large center pocket and three smaller pockets at either end. The front center pocket is emblazoned with the “Hot Wheels” logo, complete with the flame. The storage organizer is designed for hanging over the door by means of two 12-inch long nylon straps. Each strap incorporates a metal hook. The bottom of the organizer has an adjustable nylon strap with a metal hook to firmly secure the storage organizer to the door. The plastic components impart the essential character to this storage organizer.

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

The sample is returned as you requested.

The applicable subheading for the plastic storage organizer 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 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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