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NY F82114





February 1, 2000

CLA-2-39:RR:NC:SP:221 F82114

CATEGORY: CLASSIFICATION

TARIFF NO.: 3916.20.0090

Ms. Ann Lister
Circle International, Inc.
1245 Royal Lane
P.O. Box 619023
DFW Airport, Texas 75261-9023

RE: The tariff classification of profile shapes from China or Taiwan.

Dear Ms. Lister:

In your undated letter, received in this office on January 20, 2000, on behalf of Elegant Windows, you requested a tariff classification ruling.

The sample provided with your letter is an extruded profile shape composed of polyvinyl chloride. The profile shapes will be imported in lengths of 9 feet. The cross-section is oval. After importation, the profile shapes will be cut to specified lengths and punched with holes in each end to form the slats for venetian blinds.

The applicable subheading for the profile shapes will be 3916.20.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked, but not otherwise worked, of plastics: of polymers of vinyl chloride, other. The rate of duty will be 5.8 percent ad valorem.

You suggest classification in subheading 3920.42.5000, HTS, claiming that the unfinished slat is a strip. However, the oval cross-section of the slat precludes classification in heading 3920.

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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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