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NY N008873




April 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.10.0000

Ms. Francine Ramsey
Hampton Direct, Inc.
350 Pioneer Drive. P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of the “Kraftix Easy Paper Pinchers” (Sku #70350) from China.

Dear Ms. Ramsey:

In your letter dated March 13, 2007, you requested a tariff classification ruling.

The sample provided with your letter, identified as item 70350, consists of two Kraftix™ Easy Paper Pinchers and an assortment of plastic clips. The paper pincher, also described as a paper clipper, is composed essentially of plastic and does not contain any metal working edges. It loosely resembles a stapler and is intended to secure papers together with a reusable plastic clip. The clip measures approximately ½ inch by ½ inch and is marketed as an alternative to a staple or standard paper clip. Up to eight clips can be inserted in the back of the device. The clincher is not pneumatically, hydraulically or electrically powered, and is not commonly or commercially known as a machine or mechanical appliance. Pressing down on the top lever slides the clip onto the papers to secure them together. The clips can be pulled off when no longer needed, reloaded into the back of the device and reused.

The applicable subheading for the Easy Paper Pinchers and the plastic clips will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics...office or school supplies. 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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