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NY K89712




October 5, 2004
CLA-2-39:RR:NC:SP:221 K89712

CATEGORY: CLASSIFICATION

TARIFF NO. 3925.90.0000

Ms. Francine Marcoux
Hampton Direct, Inc.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a plastic fence from China.

Dear Ms. Marcoux:

In your letter dated September 15, 2004, you requested a classification ruling.

You have submitted an illustration of a product identified as Celestial Garden Fence, item #27100. This fence is made of polypropylene material. The plastic fence measures approximately 6-3/4 feet long when the individual stakes are installed side by side. Each stake has three circular loops at the top for draping ribbon or rope.

The applicable subheading for the Celestial Garden Fence will be 3925.90.0000, Harmonized Tariff Schedule of the United States (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.

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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