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NY C88509


June 18, 1998

CLA-2-44:RR:NC:SP:230 C88509

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9840

Ms. Melodie Wong

Beijing Trade Exchange, Inc.

701 E Street, SE

Washington, DC 20003

RE: The tariff classification of wood flagpoles from China.

Dear Ms. Wong:

In your letter dated May 29, 1998, you requested a tariff classification ruling on three styles of wooden flagpoles.

Style FP1 consists of a solid, cylindrical wooden pole, 1" in diameter and 59" long, with a wooden ball-type finial (about 2" wide by 3" long) attached at the top end. Two plastic rings are included: one with a metal clip which can be attached to the hanger of a flag to keep the latter from sliding down the pole, and the other with a screw that holds both rings in place at the top of the pole.

Style FP1-S is the same, except that it additionally includes a clear plastic sleeve (tube), 1.25" in diameter by 30" long, used to prevent the flag from wrapping itself around the pole.

Style FP2 is a two-piece model. Piece #1 is a cylindrical wood pole with a diameter of 1" and a length of 29". It has a wooden ball-type finial attached at one end and is square-cut at the other end. Piece #2 is a 1"-diameter, 30"-long cylindrical wooden pole, domed at one end and having an attached metal ferrule at the other. The square-cut end of piece #1 can be inserted into the ferrule of piece #2, thus forming a flagpole approximately 5' in length. This model is also equipped with two plastic rings as described above.

The applicable subheading for all of the above flagpoles will be 4421.90.9840, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of wood. The rate of duty will be 3.7%.

The samples accompanying your inquiry (representing a complete version of Style FP2 and a plastic sleeve from Style FP1-S) are being returned to you as requested.

We note that the samples are not marked with their country of origin. When imported into the United States, the products will be required to be so marked (e.g., "Made in China"), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach ultimate purchasers.

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 Paul Garretto at 212-466-5779.

Sincerely,


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