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NY L80328




November 3, 2004
CLA-2-39:RR:NC:SP:221 L80328

CATEGORY: CLASSIFICATION

TARIFF NO. 3926.90.9880

Ms. Elizabeth Defterderian
Munchkin, Inc.
16689 Schoenborn Street
North Hills, CA 91343

RE: The tariff classification of plastic teethers from China.

Dear Ms. Defterderian:

In your letter dated October 6, 2004, you requested a classification ruling.

The submitted sample is a Chewy Water Soother/Teether (no style number indicated). The teether is made of plastic and is filled with purified distilled water. It is designed to be cooled in the refrigerator until used. The textured surface and easy to grasp design invite babies to bite and chew while the water’s cooling action soothes the pain in tender gums. The teether is fashioned in a variety of colors and shapes.

The applicable subheading for the Chewy Water Teether 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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