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NY N003875




December 21, 2006

CLA-2-76:RR:NC:N1:113

CATEGORY: CLASSIFICATION

TARIFF NO.: 7616.99.5090; 8306.29.0000

Mr. Russell Bruce Thornburg
Russell Bruce Thornburg, Customhouse Broker 11256 Candleberry Court
San Diego, CA 92128

RE: The tariff classification of aluminum articles from Vietnam.

Dear Mr. Thornburg:

In your letter dated November 11, 2006, on behalf of Neil Lewow, you requested a tariff classification ruling. Photographs of articles made of recycled aluminum cans and samples of material were submitted with your ruling request.

The merchandise consists of articles made of recycled aluminum beverage cans. The cans have been cut, reshaped and made into articles. The articles for which you are requesting a ruling include a handbag, cigarette case, model airplane, visor and hat. The trademark names of the beverages are plainly visible on the completed articles.

The applicable subheading for the handbag and cigarette case will be 7616.99.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of aluminum, other. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the model airplane will be 8306.29.0000, HTSUS, which provides for statuettes and other ornaments, of base metal, other. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification on the visor and hat. Are the aluminum hat (cap) and visor functional items that can be worn on the head or are they merely for display? Please provide any advertising, marketing, promotional materials and any sales environment information (catalogues, web pages, etc.) covering the hat (cap) and visor, which demonstrates how they are used. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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/.

The question of trademark violation for the articles is being referred to the Office of Regulations and Rulings, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

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 handbag, cigarette case or model airplane, contact National Import Specialist James Smyth at 646-733-3018. If you have any questions regarding the hat or visor, contact National Import Specialist Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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