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NY L89215




December 8, 2005

CLA-2-39:RR:NC:N2:221 L89215

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.50.0000

Ms. Francine Marcoux
Hampton Direct Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of “Magic Freezer” color changing bag clips from Taiwan.

Dear Ms. Marcoux:

In your letter dated November 23, 2005, you requested a tariff classification ruling.

The illustration provided with your request depicts a set of 12 “Magic Freezer Clips” identified as item 53210. The freezer clips are made wholly of polypropylene plastic and incorporate a spring hinge type component. The clips are designed to act as a closure to reseal opened bags of frozen vegetables or other stored food. Each clip measures approximately 2 1/8 inches by 1 5/8 inches by 3/8 inch. The clips are made of color changing material that remains opaque if the freezer temperature is not cold enough but turns to dark green to signal that the freezer is at its proper temperature.

The applicable subheading for the color changing freezer clips will be 3923.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for stoppers, lids, caps and other closures, of plastics. The rate of duty will be 5.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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