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NY I83856




July 16, 2002

CLA-2-39:RR:NC:SP:222 I83856

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 3926.90.9880

Ms. Wendy Lawson
Sears Roebuck and Company
3333 Beverly Road, BC-172A
Hoffman Estates, IL 60179

RE: The tariff classification of plastic light stakes and utility ties from China.

Dear Ms. Lawson:

In your letter dated June 25, 2002, you requested a tariff classification ruling.

Samples were provided with your letter. Stock Number 90477 is a plastic light stake 7.5 inches in height. It is sold in packages of 25, and is designed to hold a miniature light bulb. Stock Number 90478 is a similar light stake measuring 14 inches in height. It is also sold in packages of 25. Both of these light stakes are meant for use around the home. Stock Number 90475 is a plastic utility tie sold in packages of 15. It can be used for holding light sets or garland to railings or banisters. These ties are of the class or kind that can be used for many purposes, such as gathering wires together.

The applicable subheading for the light stakes will be 3924.90.5500, Harmonized Tariff Schedule of the Unites States (HTS), which provides for other household articles and toilet articles of plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the utility ties will be 3926.90.9880, 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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