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NY H80860





May 25, 2001

CLA-2-39:RR:NC:SP:221 H80860

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Donna M. Dion
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of the “Neon Sculptures Designer Tubing” from China.

Dear Ms. Dion:

In your letter dated May 4, 2001, you requested a tariff classification ruling.

The Neon Sculptures Designer Tubing consists of 20 feet of black light sensitive plastic tubing, 20 feet of metal support wire and 54 plastic fittings, all packaged together for retail sale. This product is used to create shapes and words. The tubing can be cut to a desired length and, with the use of the wire, connectors and other fittings, formed into the desired shape. This product will be classified as a set. The essential character is imparted by the plastic tubing. As you requested, the sample is being returned.

The applicable subheading for the Neon Sculptures Designer Tubing will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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