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NY N009787




April 19, 2007

CLA-2-83:RR:NC:N1:121

CATEGORY: CLASSIFICATION

TARIFF NO.: 8306.29.0000

Mr. David Lubeskie
Michaels
8000 Bent Branch Drive
Irving, Texas 75063

RE: The tariff classification of card/photo holders from China

Dear Mr. Lubeskie:

In your letter dated April 10, 2007, you requested a tariff classification ruling. The samples you submitted, which will be returned to you, are two styles of base metal greeting card/photo holders.

The first sample, item number 90349R-1, is a two-dimensional figure in the shape of a gift box, which sits on an oval base and has a single wire protruding from its top. The uppermost portion of the wire is coiled so that it can hold a photograph or greeting card. Documents you submitted indicate that the following styles will also be imported: 90349G-1 (green gift box design), 90352-1 (wreath design), 90353-1 (Xmas tree design), 90354-1 (ornament design), 90355-1 (ornament design), 90356-1 (Santa design), 90357-1 (snowman design), 90358-1 (stocking design), 90359-1 (sleigh design), 90360-1 (“JOY” design) and 90361-1 (“HoHoHo” design). Each of these styles is made of 90 percent zinc and 10 percent iron. Each measures 2 inches wide by 1-3/8 inches deep by 3-1/2 inches high.

The second sample, item number 90349G, is a two dimensional figure in the shape of a gift box, which sits on an oval base and has five wires protruding from its top. The uppermost portion of each wire is coiled and designed to hold a photo or greeting card. It is made of 80 percent zinc and 20 percent iron and measures 2 inches wide by 1-3/8 inches deep by 7-1/2 inches high.

Documentation submitted by you indicates that the following styles will also be imported: 90349RB (red gift box design), 90349GB (green gift box design), 90352B (wreath design), 90353B (Xmas tree design), 90354B (ornament design), 90355B (ornament design), 90356B (Santa design), 90357B (snowman design), 90358B (stocking design), 90359B (sleigh design), 90360B (“JOY” design), 90361B (“HoHoHo” design), 90350B (star design) and 90351B (snowflake design). Each of these styles is a two dimensional figure, which sits on an oval base and has seven wires protruding from its top. The uppermost portion of each wire is coiled and designed to hold a photo or card. Each is made of 80 percent zinc and 20 percent iron and measures 3 inches wide by 2 inches deep by 10 inches high.

The applicable subheading for the base metal card/photo holders will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bells, gongs and the like, nonelectric, of base metalstatuettes and other ornaments, and parts thereof, other. 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).

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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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