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NY M86638




October 13, 2006

CLA-2-39:RR:NC:SP:221 M86638

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

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

RE: The tariff classification of tablecloth weights from China.

Dear Ms. Ramsey:

In your letter dated September 8, 2006, you requested a tariff classification ruling.

A sample was provided with your letter. The tablecloth weights (Sku #54360) are sold as a set of four and are intended to clip onto the corners of a tablecloth to keep it in place on an outdoor picnic table. Each weight consists of a plastic clip attached to a metal ring on the back of a decorative figurine. The figurine shapes in this set include one miniature human and three geese. The figurines are composed of polyresin material and calcium carbonate. You state that the calcium carbonate is derived from synthetic chemical, not ground stone. As you requested, the sample will be returned.

The applicable subheading for the tablecloth weights will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics, other, other. The rate of duty will be 3.4 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).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in subheading 3924.90.5600 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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