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NY D83198





November 3, 1998

CLA-2-39:RR:NC:SP:221 D83198

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Bernard Liberati
Morris Friedman & Co.
325 Chestnut Street, Suite 415
Philadelphia, PA 19106-3883

RE: The tariff classification of plastic "Tuff Spikes" from China.

Dear Mr. Liberati:

In your letter dated September 29, 1998, on behalf of Spec Hardware, you requested a tariff classification ruling.

A photograph of the Tuff Spike was provided with your letter. The spike is composed of molded polyvinyl chloride plastic. The Tuff Spike is a 24 inch spike designed for the installation of products such as mailboxes, planters and birdhouses.

The applicable subheading for the Tuff Spike will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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,

Robert B. Swierupski
Director,

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