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NY E89521




November 4, 1999

CLA-2-74:RR:NC:1: 115 E89521

CATEGORY: CLASSIFICATION

TARIFF NO.: 7419.99.5050

Ms. Cindy Scott
BDP International Inc.
2721 Walker N.W.
Grand Rapids, MI 49504

RE: The tariff classification of Inflating Needles from Taiwan.

Dear Ms. Scott:

In your letter dated October 27, 1999 you requested a tariff classification ruling.

The item is a 3 piece package containing a plastic inflating needle, a brass inflating needle, and a plastic adapter. The inflating needles are used to inflate sports balls, mattresses etc.

NY rulings numbers D83925 and D85623 were issued to your office for the classification of inflating needles. If the inflating needles were indeed made of Brass, this ruling would amend NY ruling D83925 with a classification to 7419.99.5050.

Classification for this item (plastic and brass needles) will be based on the General Rules of Interpretation 3© which states “When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration”. In this item the last in the tariff is the brass needle.

The applicable subheading for the Inflating Needles will be 7419.99.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for Other articles of copper: Other: Other. The rate of duty will be Free.

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 Melvyn Birnbaum at 212-637-7017.

Sincerely,

Robert B. Swierupski
Director,

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