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NY N023136




February 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000

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

RE: The tariff classification of a fiber optic angel from China.

Dear Ms. Ramsey:

In your letter dated January 29, 2008, you requested a tariff classification ruling.

A sample was provided with your letter. The fiber optic angel (SKU #64150) is composed of plastics. This product measures approximately 5 3/8 inches in length by 3 ½ inches in width by 7 inches in height. It contains a battery operated light that can shine through the star-shaped cutouts in the angel. This lighting feature is to highlight the angel itself for decorative reasons. It does not cast any appreciable light in a room.

The applicable subheading for the fiber optic angel will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plasticsstatuettes and other ornamental articles. 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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