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NY I83816




July 11, 2002

CLA-2-39:RR:NC:2:222 I83816

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a “Glowing Fiber Optic Angel”, # PP239338, from China.

Dear Ms. Wierbicki:

In your letter dated June 24, 2002, you requested a tariff classification ruling, on behalf of Avon Products, Inc., your client.

You are requesting the tariff classification on an item that is described as a statuette in the shape of an angel. The figure, composed of clear and opaque acrylic, measures approximately twelve inches high, wings included. The article incorporates fiber optic lighting along the wing tips. In addition, the colors of the cable running from the battery operated power source at the base are also visible passing through the figure, providing a decorative, internally illuminating effect. The plastic angel is properly classified in chapter 39 of the HTSUSA as statuettes and other ornamental articles. The sample will be returned, as requested by your office.

The applicable subheading for the “Glowing Fiber Optic Angel”, # PP239338, will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and other materials of headings 3901 to 3914: Statuettes and other ornamental articles. The rate of duty will be 5.3 % 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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