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NY I83879




July 16, 2002

CLA-2-39:RR:NC:SP:222 I83879

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

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

RE: The tariff classification of light stakes from China.

Dear Ms. Lawson:

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

A sample was provided with your letter. The light stake (Stock No. 92242) is said to be composed of polyvinyl chloride (PVC) plastic. The stake is 34 inches in height and tubular, with a circumference of about 7/8 inch. The stake comes to a point at one end to make it easy to drive into the ground. The stake has red and white stripes. It is designed to hold miniature light bulbs, and is marketed for use around the home.

The applicable subheading for the PVC stake will be 3924.90.5500, Harmonized Tariff Schedule of the Unites Stated (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.

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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