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NY R02037





June 6, 2005

CLA-2-39:RR:NC:SP:221 R02037

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000

Mr. Alex Yiu
Solar-Brite Concept Products Ltd.
3/F William Enterprises Industrial Building San Po Kong, Kowloon, Hong Kong 852

RE: The tariff classification of plastic decorative items from China.

Dear Mr. Yiu:

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

Pictures were provided with your letter. The products are two plastic decorative items. The first is a plastic butterfly perched on a plastic stone. The second is a plastic butterfly on a plastic tree trunk. Each butterfly is solar-powered so that its wings flutter when exposed to sunlight.

The applicable subheading for the plastic decorative items will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics...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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