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NY L85420




June 10, 2005

CLA-2-71:RR:NC:SP:233 L85420

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.7500

Ms. Joanne Harmon
CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a Foam Bracelet Kit from China.

Dear Ms. Harmon:

In your letter dated June 3, 2005, you requested a tariff classification ruling.

The submitted sample is identified as Foam Bracelet Kit, CVS item number 321394. Three bracelets can be made from the Foam Bracelet Kit. The kit contains the following items for assembling into the bracelets: three orange with black dot foam bracelet strips, three black wave designed foam peel off backing strips, six foam peel off ghosts, three sets of peel off letters to spell “BOO” for each of the bracelets, six square hook and loop fasteners with peel off backing to place on each end of the bracelets, and glitter glue. The material breakdown is 92% PU foam, 3% plastic and 5% glitter glue. The kit is intended for children ages 3 and up.

Your sample is being returned as requested.

The parts in the kit constitute an unassembled imitation jewelry article within the scope of HTS subheading 7117.90.7500, noting General Rule of Interpretation 2(a), Harmonized Tariff Schedule of the United States (HTS), which states:

“Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.”

The applicable subheading for the Foam Bracelet Kit will be 7117.90.7500, HTS, which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be Free.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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