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NY F80625




January 5, 2000

CLA-2-39:RR:NC:SP:222 F80625

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 8308.90.9000

Ms. Michele Smith
Sears, Roebuck and Co.
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of plastic articles from China and Taiwan.

Dear Ms. Smith:

In your letter dated November 30, 1999, and received in this office on December 7, 1999, on behalf of your client Abra Fox Industrial Co., you requested a classification ruling.

You have submitted two samples. The first sample is identified as stock number 73316. It is a two piece 4” flex-jaw spring clamp made of 80 percent nylon and 20 percent fiber. The flex-jaw spring clamp is composed of two parts that are held together with screws and a metal spring clasp in the middle. The metal spring clasp imparts the essential character to this item.

The second sample is a two piece hose guide set identified a stock number 73326. It is made of 100 percent plastic. This set consists of stakes, wheels and a snap on piece for closure. This article is used to guide the hose safely around the desired area to protect the flowers and plants.

The samples are returned as you requested.

The applicable subheading for the plastic hose guide set will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: other, other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the flex-jaw spring clamp will be 8308.90.9000, HTS, which provides for claspsother. The rate of duty will be 2.7 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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