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NY L88547




November 9, 2005

CLA-2-39:RR:NC:SP:221 L88547

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000

Ms. Joann Mosqueda
JA-RU, Inc.
4030 Phillips Highway
Jacksonville, Florida 32207

RE: The tariff classification of the Spikez Back-Pack Clip from China.

Dear Ms. Mosqueda:

In your letter dated October 24, 2005, you requested a tariff classification ruling.

A sample was provided with your letter. The Spikez Back-Pack Clip is a decorative plastic article, roughly spherical in shape with spiky projections, measuring approximately 1½ inches in diameter. The article has a metal chain and hook to attach it to a backpack.

The applicable subheading for the Spikez Back-Pack Clip, item no. 5135, will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plasticsstatuettes 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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