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NY J86568





July 28, 2003

CLA-2-39:RR:NC:SP:221 J86568

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.90.5500; 3925.90.0000; 8302.50.0000; 3926.90.9880

Mr. Dennis Morse
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of plastic hooks, ties, light stakes, clips and metal grippers from China.

Dear Mr. Morse:

In your letter dated June 19, 2003, on behalf of your client Meijer Distribution, you requested a classification ruling.

You have submitted five samples of different types of plastic and metal articles. Items 923190, 923195, 923200, 923201, 923202 and 923216 are gutter hooks and siding hooks that are used to secure festive lights to the house. These hooks snap onto the gutters and siding and are not designed for permanent installation.

Item number 923203 is marketed as plastic ties to secure garland to the house for decoration. These ties are of the same class or kind as general purpose cable ties that are suitable for a wide variety of fastening purposes.

Item number 0-54523-31141-9 is identified as plastic light stakes that stick in the ground. The stakes are designed to hold a string of festive lights.

Item number 923197, identified as “Quik-Klips,” are plastic clips designed to be nailed to the house to hold festive lighting. The nails are included with this product.

Item number 923222, identified as brick grippers, are steel hangers that can be attached to a brick wall to hang decorations without damaging the brick or mortar.

The samples are returned as you requested.

The applicable subheading for the plastic gutter hooks, siding hooks and light stakes will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother 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 plastic garland 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.

The applicable subheading for the plastic quik-klips will be 3925.90.0000, HTS, which provides for builders' ware of plastics, not elsewhere specified or included, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the steel brick grippers will be 8302.50.0000, HTS, which provides for base metal hat-racks, hat pegs, brackets and similar fixtures. The rate of duty will be free.

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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