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NY 854122


July 19, 1990

CLA-2-39:S:N:N3G:221 854122

CATEGORY: CLASSIFICATION

TARIFF NO.: 3925.90.0000; 3926.90.9050

Mr. Dale G. Vander Yacht
Border Brokerage Company, Inc.
P.O. Box B
Blaine, Washington 98230

RE: The tariff classification of plastic hooks, tie-back buttons, wire holders and "Expandet" inserts from Canada.

Dear Mr. Vander Yacht:

In your letter dated June 29, 1990, on behalf of Threadfast Manufacturing Ltd., Canada, you requested a tariff classification ruling.

The plastic hooks, tie-back buttons and wire holders are all self adhesive, and are meant to be attached to walls or doors. The hooks can be used for hanging coats, hats, towels and similar articles. The tie-back buttons can be used for small articles such as keys, or for tying back curtains. The wire holders are for holding electric cords neatly in place. The wire holders have a uniform cross section throughout the entire length of the article. Samples of two types of Expandet inserts were provided. The larger Expandet plastic inserts are similar to wall anchors, and they securely anchor screws into walls. The smaller Expandet inserts differ from the larger inserts in shape as well as size. Unlike the larger inserts, the smaller inserts have a uniform cross section throughout the entire length of the article.

The applicable subheading for the hooks and tie-back buttons will be 3925.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for builders' ware of plastics, not elsewhere specified or included, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the larger Expandet plastic inserts will be 3926.90.9050, HTS, which provides for other articles of plastics. The rate of duty will be 5.3 percent ad valorem.

Goods classifiable under subheadings 3925.90.0000 and 3926.90.9050, HTS, which have originated in the territory of Canada, will be entitled to a 4.2 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

There was not enough information provided in your ruling request for us to issue a ruling on the wire holders and the smaller inserts with the uniform cross sections. We need to know the type of plastics of which these articles are composed. In addition, we need to know the manufacturing processes used. Were these two products formed in a continuous process, for example, by extrusion? Describe any processing performed on the shapes. In particular, were the slits in the smaller Expandet inserts formed during the manufacturing or extrusion process, or were the inserts slit after extrusion? Please explain. If you resubmit your request for a ruling, please furnish additional samples and make reference to this ruling.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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