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NY L81382




December 22, 2004

CLA-2-39:RR:NC:SP:221 L81382

CATEGORY: CLASSIFICATION

TARIFF NO. 3926.40.0000

Ms. Lisa York
Target Customs Brokers, Inc.
1000 Nicollet Mall
Minneapolis, MN 55403

RE: The tariff classification of a plastic water globe from China.

Dear Ms. York:

In your letter dated November 17, 2004, on behalf of Target Stores, you requested a classification ruling.

The sample you submitted is identified as item number JS-SD3031, a water globe. The water globe has a plastic base with a gel filled bladder ball attached on the top. The plastic bladder ball contains a plastic underwater scene, a non-toxic gel and glitter. The scene consists of a plastic ocean floor and three plastic representations of underwater plants that sit in the center. There are two plastic fish in the bladder ball that are attached to the ocean floor with a clear thread. When the bladder ball is squeezed, the fish bobble around as if they are swimming. When the globe is shaken, the glitter floats around. The base of the globe is equipped with a button. When the button is pushed, the plastic plants in the center will light up one at a time in a different color. The light remains on for about 30 seconds and then automatically shuts off.

The sample is returned as you requested.

The applicable subheading for the plastic water globe 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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