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NY L83283




March 24, 2005

CLA-2-48:RR:NC:SP:234 L83283

CATEGORY: CLASSIFICATION

TARIFF NO.: 4819.20.0040

Mr. Ryan Li
Rainbow Brothers Ltd.
25/F Lever Centre
70 King Yip Street
Kwun Tong
Hong Kong

RE: The tariff classification of DVD gift boxes, of paperboard, from China.

Dear Mr. Li:

In your letter dated January 27, 2005, addressed to the U.S. International Trade Commission, you requested a tariff classification ruling. Your letter was referred to this office for reply.

A sample was submitted for our examination. It consists of a clear cellophane wrapper, labeled “2 Pack DVD Boxes,” containing two empty folding cartons made of thin (approximately 0.34 mm) non-corrugated paperboard. The cartons are presented in set-up (as opposed to flat) condition. Each measures 5½” x 7½” x ¾” and exhibits a design-printed exterior. When the large front flap is opened, the printed words “Seasons Greetings” can be seen on the underlying panel.

The applicable subheading for the above-described DVD boxes will be 4819.20.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for folding cartons, boxes and cases, of non-corrugated paper or paperboard, other than sanitary food and beverage containers. The rate of duty will be Free.

You also asked whether these goods are subject to antidumping duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification rulings issued by Customs and Border Protection.

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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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