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NY K82857




February 17, 2004
CLA-2-49:RR:NC:2:234 K82857

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.91.4040

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, Pennsylvania 19153

RE: The tariff classification of Holographic Path Markers (Item # 14460) from China

Dear Mr. Hoffacker:

In your letter dated January 27, 2004, on behalf of your client, Big Lots Stores, Inc., you requested a tariff classification ruling for the referenced merchandise. Samples were submitted, which will be returned, per your instruction.

The samples are made of plastic (45%), holographic paper (45%), and metal (10%). They have a metal stem that allows the items to be placed in the ground as path markers. The shape of the path marker is plastic with the holographic paper placed on top of the plastic shape.

The longest dimension of the two shapes of the samples submitted is approximately 8 ½”. One shape is that of a flag; the other shape is that of a star. Both shapes are printed by holography; one with an American flag, the other with a decorative star motif and the letters, “USA”.

The applicable subheading for the two samples will be 4911.91.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other printed matter, including printed pictures and photographs: Other (than trade advertising material, commercial catalogs and the like): Pictures, designs and photographs: Other (than certain specified kinds). 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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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