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NY M82291




May 30, 2006

CLA-2-42:RR:NC:SP:221 M82291

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.99.9000

Mr. Gordon C. Anderson
C. H. Robinson Worldwide, Inc.
8855 Columbine Road, Suite 400
Eden Prairie, MN 55347-4148

RE: The tariff classification of the “Venus Razor Caddy” from China.

Dear Mr. Anderson:

In your letter dated April 26, 2006, on behalf of Promotional Service Group, Inc., you requested a tariff classification ruling.

The sample provided with your letter is identified as the Venus Razor Caddy (Stock #6459). The sample is a hinged case composed of molded plastic that is specially designed, shaped and sized to hold and store one Venus razor and one Venus razor cartridge in the molded interior tray. The caddy is suitable for use during travel. The caddy has holes on the back by which it can receive a mounting bracket with adhesive strips to install the caddy to a wall or shower. The bracket and adhesive strips are not imported with the caddy.

You suggest classification in heading 3925 of the Harmonized Tariff Schedule of the United States (HTSUS), which provides for builders’ ware of plastics, not elsewhere specified or included. However, though the razor caddy can receive a mounting bracket, and the mounting bracket is designed for permanent installation on a bathroom wall or shower, the razor caddy itself, which is easily removed from the bracket, is not designed for permanent installation. The razor caddy is suitable for travel, and remains so even if the optional mounting caddy is used. This caddy is classifiable in Chapter 42, and Legal Note 2(ij) to Chapter 39 precludes from classification therein articles classifiable in Chapter 42, even if they are also described in any of the provisions of Chapter 39.

The applicable subheading for the Venus Razor Caddy, Stock #6459, will be 4202.99.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for in part, for other bags and containers, other, other, other. The rate of duty will be 20 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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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