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NY J82933




April 30, 2003

CLA-2-39:RR:NC:SP:221 J82933

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road, Suite 400
Eden Prairie, MN 55347 - 4194

RE: The tariff classification of knees pads (Item #91001) from China.

Dear Mr. Anderson:

In your letter dated March 17, 2003, on behalf of Portable Products, Division of Fiskars, you requested a tariff classification ruling.

A sample was provided with your letter. The knee pad has a nylon web mesh strap for securing it to the knee. You state in your letter that the knee pads are made of rubber, and you suggest classification in heading 4016, which provides for other articles of rubber. However, in a telephone conversation, you said that the knee pads are made of thermoplastic elastomers. Thermoplastic elastomers are generally plastic, not rubber. As you requested, the sample is being returned.

The applicable subheading for the knee pads 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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