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NY J88688




September 16, 2003

CLA-2-39:RR:NC:SP: 221 J88688

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.90.5500

Mr. Brandon Terrell
UPS Supply Chain Solutions
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a plastic kneeling pad from China.

Dear Mr. Terrell:

In your letter dated August 19, 2003, on behalf of your client Midwest Quality Glove, Inc., you requested a classification ruling.

The submitted sample is a “Barbie” plastic kneeling pad that is identified as style number BA200K. The pad is made of 100% foamed ethylene vinyl acetate (EVA) material with a built in handle. It will be marketed to children for use in the garden.

The sample is returned as you requested.

The applicable subheading for the “Barbie” plastic kneeling pad will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: Other: Other. The rate of duty will be 3.4 percent ad valorem.

Importation of this product might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a trademark, tradename or copyright registered with Customs. If you are an authorized importer of this product we recommend notifying your local Customs office prior to importation.

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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