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NY H86442




January 28, 2002

CLA-2-39:RR:NC:SP:222 H86442

CATEGORY: CLASSIFICATION

TARIFF NO.: 3922.90.0000

Mr. John Kwak
Ernst & Young
111 North Canal
Chicago, Illinois 60606

RE: The tariff classification of unfinished bathtub shells from Germany.

Dear Mr. Kwak:

In your letter dated December 12, 2001, on behalf of your client Mavena USA, Inc., you requested a tariff classification ruling.

The articles in question are unfinished bathtub shells made of acrylic resin with fiberglass reinforced side panels. The bathtub shells, as imported, have six pre-drilled holes to accommodate air jets, hoses, pumps, heaters or other attachments subsequent to importation. All of the items to be added to the shells subsequent to importation are not imported with the bathtub shells.

The applicable subheading for the unfinished bathtub shells will be 3922.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for baths, showerbaths and similar sanitary ware, of plastics, other. The rate of duty will be 6.3 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 George Kalkines at 646-733-3028 .

Sincerely,

Robert B. Swierupski
Director,

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