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NY N011463




June 11, 2007

CLA-2-39:RR:E:NC:SP:N011463

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980

Ms. Debra Godwin
Fiskars Brands Inc.
2537 Daniels Street
Madison, WI 53718

RE: The tariff classification of the “Fiskars Clear Block Set” from China.

Dear Ms. Godwin:

In your letter dated May 18, 2007, you requested a tariff classification ruling.

A photograph was provided with your letter. The “Fiskars Clear Block Set” consists of 4 different size rectangular blocks composed of polystyrene plastic. The top surface of each block is beveled and is printed with a grid pattern with lines spaced ½ inch apart. The blocks are used to help scrap bookers align stamps in a particular spot. The blocks are designed to be used with stamps that have adhesive backs. The stamps are placed in the appropriate grids, and the clear block helps the scrap booker line up the stamps with designs already on the paper or other stamps previously placed on the paper. The stamps are not imported with the blocks. The blocks are ¼ inch in thickness and measure 1 inch by 1inch, 2 inches by 2 inches, 3 inches by 3 inches and 6½ inches by 2 inches.

You suggest classification in heading 9611, Harmonized Tariff Schedule of the United States (HTSUS), which provides for date, sealing or numbering stamps and the like, designed for operating in the hand; hand-operated composing sticks and hand printing sets incorporating such composing sticks. Merchandise that is classifiable under this provision is of the type that includes a surface that will leave an imprint, impression or embossment when pressed against another surface. Also classifiable under heading 9611, HTSUS, are composing sticks that receive interchangeable characters. However, these devices contain a small shallow trench or tray, which is specifically designed to receive those characters and hold them in place. The subject item has no such tray, as the surfaces of the item are flat. In addition, the stamps that will leave the impression are not included with this item, but will be attached to the item with an adhesive by the user. Therefore, the subject merchandise is not of the type described in the provision of heading 9611, HTSUS.

The applicable subheading for the Fiskars Clear Block Set will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. 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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