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NY N003874




December 18, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3919.90.5060; 3924.90.5500; 4820.10.2020; 5609.00.4000; 9615.11.4000; 6217.10.8500

Ms. Tonja Davenport
Dollar General Corporation
100 Mission Ridge
Goodlettsville, TN 37072-2170

RE: The tariff classification of a plastic bottle shaped bank filled with hair ornaments and miscellaneous articles from China.

Dear Ms. Davenport:

In your letter dated November 20, 2006, you requested a classification ruling.

A sample of SKU #3-932-1746 (Style BT658G) was provided with your letter. The plastic bottle shaped bank contains a polyester scrunchie, a polyester ponytail holder with a stretch cord and two pompons, a plastic hair claw clip, 25 plastic self-adhesive stickers and a paper notepad. As you requested, the sample will be returned.

The applicable subheading for the plastic bottle shaped bank will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the polyester scrunchie will be 6217.10.8500, HTSUS, which provides for other made up clothing accessoriesother than those of heading 6212: accessories: other: other, headbands, ponytail holders and similar articles. The rate of duty will be 14.6 percent ad valorem.

The applicable subheading for the plastic hair claw clip will be 9615.11.4000, HTSUS, which provides for combs, hair-slides and the like: of hard rubber or plastics: other: not set with imitation pearls or imitation gemstones. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the polyester ponytail holder will be 5609.00.4000, HTSUS, which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the plastic self-adhesive stickers will be 3919.90.5060, HTSUS, which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls, other. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the paper notepad will be 4820.10.2020, HTSUS, which provides for memorandum pads, letter pads and similar articles, of paper or paperboard. The rate of duty will be free.

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).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes was sent to the President for proclamation of the changes. By law, the President cannot proclaim the implementation of these latter amendments in the HTS until a required 60-legislative-day Congressional layover period is completed. We understand that the layover period has been completed. Accordingly, the recommended changes will become law after they are proclaimed by the President. The effective date of those changes will be specified in the Presidential proclamation. In addition, at that time, the United States International Trade Commission will post an updated electronic version of the 2007 HTSUS on its website, www.usitc.gov, and the Government Printing Office will publish a hard-copy version of the 2007 HTS.

Once those changes are in effect, it is anticipated that the plastic bottle shaped bank will be classified in 3924.90.56 HTSUS. Under the circumstances, this information is advisory only.

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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