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NY J88691




September 16, 2003

CLA-2-39:RR:NC:SP: 221 J88691

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 plastic gardening tools 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 cultivator identified as style number BA411K and a “Barbie” plastic trowel, style number BA410K. Both items will be marketed to children for use in the garden.

The samples are returned as you requested.

The applicable subheading for the “Barbie” plastic trowel and cultivator 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.

Importations of these products 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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