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January 15, 1999

CLA-2-39:RR:NC:SP:222 D80189

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000

Mr. David J. Saliba
David J. Saliba Company
P. O. Box 794293
Dallas, TX 75379-4293

RE: The tariff classification of a napkin ring from China.

Dear Mr. Saliba:

In your letter dated July 9, 1998, on behalf of your client Designers Collection, Inc., you requested a tariff classification ruling.

The submitted sample is identified as a napkin ring, style number 92211YEL. This article is designed in the shape of a pear with a green stem and two green leaves. The core of the pear is made of styrofoam. The outer portion of the pear is covered with a hard plastic. The stem is made of two separate strands of wire that have been wrapped with green paper. The leaves are made of man-made fiber woven fabric. A raffia bow has been glued to the stem of the artificial fruit. The circular stem of the pear holds the napkin.

The applicable subheading for the napkin ring, will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles...of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 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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