CLA-2-39:OT:RR:E:NC:N1:113

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of clothespins from China

Dear Mr. Crago:

In your letter dated May 15, 2008, you requested a tariff classification ruling. A copy of a photograph of the clothespins was submitted for our review.

The merchandise is identified as Plastic Paper Clips in Clothespin Design, item number A068SA00558. The item consists of twenty clothespins in assorted colors packed in a blister display pack ready for retail sale. The clothespins are spring-type and made of 95 percent polystyrene and 5 percent metal. To open the clothespin, the user presses down the tabs on the ends. A metal spring holds the clothespin closed. Each item measures approximately 1 inch in length by 3/16 inch in width by 5/16 inch in depth. The advertising material for the Plastic Paper Clips in Clothespin Design indicates that the merchandise is suitable for use in the home or office. The applicable subheading for the Plastic Paper Clips in Clothespin Design will be 3926.90.6550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other, clothespins, spring-type, valued over $1.70 per gross. The rate of duty will be 4.2 cents per gross.

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 Ann Taub at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division