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NY M85626




August 23, 2006

CLA-2-39:RR:NC:SP:221 M85626

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Mark S. Cooper
Darco International, Inc.
810 Memorial Blvd.
Huntington, WV 25701

RE: The tariff classification of a plastic bone from China.

Dear Mr. Cooper:

In your letter dated July 27, 2006, you requested a tariff classification ruling.

The submitted sample is identified as a bone made of expanded foam plastic material. The composition of the artificial bone mimics the properties of a real human bone. The bone is used as a training device for surgical procedures. It may be cut, drilled, or have various plates and screws affixed for demonstration or evaluation. The submitted sample is a metatarsal joint, but the imported product may be constructed and designed as any bone, joint or combination thereof from the human body.

The applicable subheading for the plastic bone will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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