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NY N027797




May 16, 2008

CLA-2-39:OT:RR:NC:N2:221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.10.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of erasers from China

Dear Ms. Aldinger:

In your letter dated April 30, 2008, you requested a tariff classification ruling.

The two samples submitted with your request are identified as “Pokemon” erasers, item 9002348. The erasers measure 2 inches by 1 1/2 inches by 5/8 inch. The erasers are made by molding a clear thermoplastic elastomer around a multi-colored “Pokemon” figure so that the figure is suspended in the center.

The applicable subheading for the “Pokemon” erasers will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plasticsoffice 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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