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NY L88507




November 15, 2005

CLA-2-39:RR:NC:SP:221 L88507

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a plastic Flashing Valentine Rose from China.

Dear Mr. Crago:

In your letter dated October 25, 2005, you requested a tariff classification ruling.

You have submitted two samples of Flashing Valentine Roses. Both samples are identified as item number C078AA00052. The rose is of one-piece molded construction with petals made of soft plastic. The rose flowers are designed with a push-on flashing light inside. The flashing light stays on for a few seconds and automatically shuts off. The red rose flower and green man-made fiber woven leaves are attached to a wire stem that has been covered with green paper.

The samples are being returned as you requested.

The applicable subheading for the plastic Flashing Valentine Rose 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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