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NY J84793




May 30, 2003

CLA-2-39:RR:NC:SP:221 J84793

CATEGORY: CLASSIFICATION

TARIFF NO. 3926.40.0000

Mr. Peter D. Alberdi
A.J. Arango, Inc.
P.O. Box 75062
Tampa, FL 33675-5062

RE: The tariff classification of a plastic hanging decoration from China.

Dear Mr. Alberdi:

In your letter dated May 2, 2003, on behalf of your client Royal Trading and Sales, you requested a classification ruling.

The submitted sample is a spiral shaped twister. The twister is made of sturdy plastic and fashioned with a small hole on both ends for the purpose of hanging from the ceiling. It is small on one end and gradually increases to a larger size towards the other end. When the twister is hung from the ceiling and spins around, it appears as if it is moving upward and downward. The twister is intended to be used as a hanging decoration.

The applicable subheading for the plastic twister hanging decoration will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: Statuettes and other ornamental articles.

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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