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NY R04953




October 6, 2006

CLA-2-39:RR:E:NC:3:353 R04953

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050

Ms. Jane Jewett
Talus Corporation
470 Riverside Street
Portland, ME 04103

RE: The tariff classification of plastic poncho from China.

Dear Ms. Jewett:

In your letter dated September 25, 2006, you requested a tariff classification ruling.

Your Style HR-EM103 Emergency Poncho is a polyethylene poncho. The poncho is lightweight, hooded, clear in color, fits most and measures 50 inches by 80 inches.

The applicable subheading for the poncho will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: articles of apparel and clothing accessories: other: other, other. The rate of duty will be 5 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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