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NY E88116




October 28, 1999

CLA-2-39:RR:NC:SP:222 E88116

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000; 6702.10.4000

Ms. Ann Adell
Liberty Richter, Inc.
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of plastic articles from China.

Dear Ms. Adell:

In your letter dated September 24, 1999, and received in this office on October 6, 1999, you requested a classification ruling.

You have submitted samples of plastic fences and plastic evergreen trees that will be used as decorations around the Holiday Gingerbread House. The plastic fences measure approximately 4-3/4 inches high. The plastic evergreen trees measure approximately 3 inches high.

The applicable subheading for the plastic fences will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: statuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the plastic evergreen trees will be 6702.10.4000, HTS, which provides for artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: other, including parts. 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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