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NY N004821




January 19, 2007

CLA-2-90:RR:E:NC:N1:105

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Ms. Selena Bryant
Lillian Vernon Corp.
2600 International Parkway
Virginia Beach, VA 23452

RE: The tariff classification of a Wood Growth Chart from China

Dear Ms. Bryant:

In your letter dated December 20, 2006, you requested a tariff classification ruling. No sample was provided.

You state, “Silkscreened wood growth chart has stylized insect and flower design. Use permanent marker to indicate height in half-inches from 23” to 5’1”on hinged chart. Four protected frames hold 2 ¼” x 2 ½” photos. 5” x 40” long open; folds to just 20”. Sawtooth hangers on back.”

It is used to keep track of a child’s height increases over time. The small photos would be, presumably, pictures of the child at about the time that a height measurement was made and marked.

It is similar for classification purposes to the growth chart in New York Ruling Letter B89704, 9-25-97.

It is clearly not intended for “use in the hand,” noting HTSUS Heading 9017.

The applicable subheading for the wood growth chart will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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