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NY L86330




August 11, 2005

CLA-2-39:RR:NC:N2:221 L86330

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.10.0000

Ms. Joyce Thompson
Worldwide Express, Inc.
70 Jansen Avenue
Building #3, Suite 202
Essington, PA 19029

RE: The tariff classification of a notepad holder set from China

Dear Ms. Thompson:

In your letter dated July 15, 2005, on behalf of Basic Fun, Inc., you requested a tariff classification ruling.

The sample submitted with your request is a molded plastic case with a hinged lid that springs open when a small button latch is pressed. The case contains a notepad and small pencil and has a metal chain with clip so it can attach to a school bag. The case measures approximately 3 ¼ inches by 2 ½ inches by ¾ inch. The notepad case, notepad and pencil comprise a set, and the essential character is imparted by the case.

The applicable subheading for the molded plastic notepad case with pad and pencil will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics...office or school supplies. 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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