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NY K89186




September 17, 2004
CLA-2-39:RR:NC:SP:221 K89186

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of the Valentine Message in a Bottle from China.

Dear Mr. Hoffacker:

In your letter dated August 25, 2004, on behalf of your client Big Lots Stores, Inc., you requested a tariff classification ruling.

The submitted sample is identified as The Valentine Message in a Bottle, item #21174. The sample consists of a plastic bottle with a cork that contains a rolled sheet of paper to write a message, an artificial red rose, a plastic bead and “I Love You” confetti. The bottle is approximately 6 ¾ inches in height. This product will be sold as a novelty gift. The bottle and the items within it are classified together as a set. The bottle imparts the essential character to the set.

The sample is being returned as you requested.

The applicable subheading for the Valentine Message in a Bottle 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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