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NY M87018




October 13, 2006

CLA-2-39:RR:NC:SP:221 M87018

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Yocasta Pena
Best Brands Home Products
20 W. 33rd Street, 5th Floor
New York, NY 10001

RE: The tariff classification of iPod screen protectors from China.

Dear Ms. Pena:

In your letter dated September 15, 2006, you requested a tariff classification ruling.

A sample was provided with your letter. The iPod protectors (Style# TE9216) are used to cover and protect an iPod screen. They are composed of clear polyethylene terephthalate (PET) plastic sheeting, and measure approximately 1 inch by 1ΒΌ inches. The corners are rounded. They are packaged two to a retail package along with a manmade fiber polishing cloth. As you requested, the sample will be returned.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. This office considers the iPod screen protectors and the polishing cloth to be a set for tariff classification purposes, with the essential character imparted by the screen protectors.

The applicable subheading for the iPod screen protector set will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. 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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