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NY K87005




June 22, 2004
CLA-2-39:RR:NC:SP:221 K87005

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Husheng Zhu
Memorex Products, Inc.
17777 Center Court Drive, Suite 800
Cerritos, CA 90703

RE: The tariff classification of “CD & DVD Keepers” from China.

Dear Mr. Zhu:

In your letter dated June 9, 2004, you requested a tariff classification ruling.

A sample was provided with your letter. The CD & DVD Keepers (P/N 32021972) are polypropylene plastic sleeves, each designed to hold one CD or DVD. The sleeves are packaged 50 to a retail carton. You suggest classification in heading 3923, the provision for articles for the conveyance or packing of goods, of plastics. However, Customs Headquarters has ruled that the articles of heading 3923 are those that are used in the conveyance or packing of bulk goods and commercial goods, not personal items. The sleeves are not comparable to jewel cases. Jewel cases are used to package CD’s and DVD’s for retail sale. The sleeves are sold empty and are used to store and protect CD’s and DVD’s. The sample is being returned as you requested.

The applicable subheading for the CD & DVD Keepers 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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