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NY R03728





May 8, 2006

CLA-2-39:RR:NC:SP:221 R03728

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

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

RE: The tariff classification of plastic four sided printed safety cones from China.

Dear Mr. Crago:

In your letter dated April 13, 2006, on behalf of your client Corporate Express, you requested a tariff classification ruling.

The submitted illustration depicts two plastic safety floor signs. The bright yellow signs are made of polypropylene plastic and are roughly cone shaped with four flat sides. The sign identified as item number C097CA00045 measures 32 cm by 32 cm by 117 cm. The sign identified as item number C097CA00048 measures 30 cm by 30 cm by 93 cm. The message “Caution Wet Floor” is printed on all four sides in both English and Spanish. Both signs have molded slots for handling and they are stackable for easy transport and storage. These signs are three-dimensional articles with barrier functions, so the printing is considered to be incidental for tariff classification purposes.

The applicable subheading for the plastic cone shaped floor signs 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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