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NY L88005





October 6, 2005

CLA-2-83:RR:NC:N1:121 L88005

CATEGORY: CLASSIFICATION

TARIFF NO.: 8306.29.0000

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

RE: The tariff classification of garden stakes from China

Dear Ms. Marcoux:

In your letter, dated September 28, 2005, you requested a tariff classification ruling.

The merchandise is a grouping of three decorative garden stakes, item number 52160, made of iron wire and plywood. Each stake measures approximately 12 inches high by 4 inches wide by ½ inch deep. Each consists of three straight, wire poles curled at their top and supported by two horizontal wire rods. Each pole is entwined in wire that resembles ivy. Fastened to each stake are two decorative, plywood butterflies.

The applicable subheading for the butterfly stakes will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for bells, gongs and the like, nonelectric, of base metalstatuettes and other ornaments, and parts thereof, other. 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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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