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NY C83749




February 20, 1998

CLA-2-39:RR:NC:SP:222 C83749

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 6307.90.9989

Ms. Anita Dembiczak
Sun Hill Industries, Inc.
48 Union Street
Stamford, CT 06906-1329

RE: The tariff classification of plastic articles from China.

Dear Ms. Dembiczak:

In your letter dated January 9, 1998, you requested a tariff classification ruling.

You have submitted descriptive literature and pictures of four items. You have also submitted two actual samples of garden aprons.

Item #D695, is designed in the shape of a mushroom. This item measures 8" tall and 6" in diameter. It is used in the garden to trap destructive creatures such as slugs and snails.

Item #D622 is identified as a Frog Bug Trap. This article is designed with the head of a frog with the mouth opened. It uses a protected 7 watt bulb (included) that is inside the opened mouth. Flying pests are attracted by the light and they are drawn away from the door. This frog bug trap will operate on regular house current.

Items #D668 is a large garden apron and item #D669 is a small garden apron. The large apron measures 23" x 12.5" with pouch pockets and an adjustable belt. The small apron measures 17" x 7" with pouch pockets and an adjustable belt. Both of the garden aprons are made of woven polyvinyl chloride (pvc) fabric. Both of the aprons are sewn onto a textile webb belt with plastic buckles. These articles are designed to be worn around the waist.

We are unable to render a classification on item #D693, resin mushroom and item #D694, resin frog. The following information is required to render a binding ruling on these items:

Polyresin or polystone is usually composed of a plastic mixed with a mineral substance such as calcium carbonate.

1) Please provide a component breakdown by weight and value of the plastic materials and the name and weight of the mineral substance (if any).

2) State whether the mineral substance is distributed relatively evenly throughout the item.

3) State whether the mineral is derived from natural ground stone or from another source.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have required.

The applicable subheading for item #D696, mushroom slug trap and item #D622, frog bug trap will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles...of plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for both of the garden aprons will be 6307.90.9989, HTS, which provides for other made up articles, other: other, other. The rate of duty will be 7 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 Alice Masterson at 212-466-5892.

Sincerely,

Robert B. Swierupski
Director,

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