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NY M85407





August 10, 2006

CLA-2-39:RR:NC:SP:221 M85407

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000; 9505.90.6000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of gel sticker assortments from China.

Dear Ms. Aldinger:

In your letter dated July 28, 2006, you requested a tariff classification ruling.

The gel stickers are die-cut shapes made of a soft, jellylike plastic. Their constituency is such that they will stick to smooth surfaces such as glass and metal without the need for adhesive. The stickers come in six different assortments. The assortment submitted with your request, identified as item #946630, contains four small hearts and letters that spell out “Happy Valentine.” The other assortments include hearts, lips, Cupid’s dart, the letters “x” and “o,” and letters that spell the word “Love.” The items are suitable for miscellaneous decorative purposes, and can be reused repeatedly.

As you requested, the sample will be returned.

The applicable subheading for the assortment of gel stickers that spell “Happy Valentine” will be 9505.90.6000. Harmonized Tariff Schedule of the United States (HTSUS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty will be free.

The applicable subheading for the other assortments of gel stickers will be 3926.40.0000, HTSUS, which provides for other articles of plasticsstatuettes and other ornamental articles. 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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