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NY L80350




November 4, 2004
CLA-2-39:RR:NC:SP:221 L80350

CATEGORY: CLASSIFICATION

TARIFF NO. 3926.40.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

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

Dear Ms. Aldinger:

In your letter dated October 14, 2004, you requested a classification ruling.

The submitted sample is identified as item number 938086, Rim Phat Flyerz. The rim is molded of plastic and fashioned to appear as a rim on an automobile tire. This product will be available in three assorted styles that resemble street-style spinning automobile tire rims. Though you describe the product as a “toy” rim, it has no play function and is intended only for display as a collector’s item.

The sample is returned as you requested.

The applicable subheading for the plastic spinning rims will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: Statuettes and other ornamental articles. 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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