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August 12, 1999

CLA-2-39:RR:NC:SP:222 E85220

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. David Bluestein
Drake-Bluestein, Inc.
8541 Thys Court
Sacramento, CA 95828

RE: The tariff classification of a plastic animal-head body sponge from China, Hong Kong and Taiwan.

Dear Mr. Bluestein:

In your letter dated July 20, 1999, you requested a classification ruling.

The submitted sample is a plastic body sponge. It is composed of approximately 55% polyester fiber filling, approximately 40% polyethylene plastic mesh, approximately 4% terry knit fabric and approximately 1% polyester cord.

The plastic material is extruded in a mesh-like construction. The mesh is then gathered together with a small stuffed figure in the center. The stuffing is made of 100% polyester. The body sponge has a braided cord attached. This article is designed with a panda figure in the center of the sponge.

The applicable subheading for the plastic body sponge will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for¬other household articles and toilet articles, of plastics, other, other. The rate of duty will be 3.4 percent ad valorem.

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 Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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