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NY A89036





November 12, 1996

CLA-2-39:RR:NC:2:221 A89036

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.1500

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Rd.
Hoffman Estates, IL 60195-1930

RE: The tariff classification of whale bath plugs from Taiwan.

Dear Ms. Balice:

In your letter dated October 23, 1996, you requested a tariff classification ruling.

The bath plug, style 96111, is used as a stopper in the drain opening of a bathtub. The stopper portion is made of a combination of natural rubber and styrene butadiene rubber. A metal ball chain attaches the rubber plug to a plastic figure of a whale. The whale floats on top of the bath water. The essential character of this composite article is imparted by the rubber plug.

The applicable subheading for the whale bath plug will be 4016.99.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber...caps, lids, seals, stoppers and other closures. The rate of duty will be 4.3 percent ad valorem.

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 212-466-5580.

Sincerely,

Roger J. Silvestri
Director

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