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NY N022623




February 15, 2008

CLA-2-39:OT:RR:E:NC:SP:221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980; 9817.00.94

Mr. Donald Wehmeyer
Donald T. Wehmeyer LLC
227 Bellevue Way NE, PMB 449
Bellevue, WA 98004

RE: The tariff classification of tactile warning tiles from China.

Dear Mr. Wehmeyer:

In your letter dated January 30, 2008, you requested a tariff classification ruling.

The tactile warning tiles, identified as ADA Replaceable Tiles, are composed of a fiberglass reinforced polyester plastics composite. These tiles are designed to be embedded in concrete or other durable walkway surface to provide a tactile warning to the visually impaired that there is a change in the walkway, e.g., at curb ramps, hazardous vehicular ways, reflecting pools, transit platform edges and the tops of stairs. The tile is detectible because it varies from the concrete in texture, resiliency and sound. Each tile has a grid of cones protruding from it to provide a tactile indication of a change in walkway, to improve the traction of the surface and to improve the sound attenuation when a stick or walking cane is swept over the surface.

The applicable subheading for the tactile warning tiles will be 3926.90.9980, 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.

You have requested duty free treatment under an alternate classification in subheading 9817.00.94, HTSUS. A secondary classification will apply for the tactile warning tiles in subheading 9817.00.94, HTSUS, as articles specially designed or adapted for the use or benefit of the blind, free of duty and user fees (if any), if all applicable entry requirements are met, including the filing with the Customs and Border Protection port of entry of the U.S. Department of Commerce form ITA-362P.

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 classification of this item in subheading 3926.90.9980, HTSUS, contact National Import Specialist Joan Mazzola at 646-733-3023. If you have any questions regarding the classification of this item in subheading 9817.00.94, HTSUS, contact National Import Specialist Patricia Wilson at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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