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NY E87876

October 26, 1999

CLA-2-39:RR:NC:SP:222 E87876


TARIFF NO.: 3926.40.0000

Mr. Dan E. Allen
Miami Valley Worldwide, Inc.
1300 E. Third Street
Dayton, OH 45403

RE: The tariff classification of a plastic fish from China.

Dear Mr. Allen:

In your letter dated September 15, 1999, on behalf of your client Hanken Imports Company, Inc., you requested a classification ruling.

The submitted sample is a fish made of styrofoam. It is identified as item #227C-SF998651. The styrofoam fish measures approximately 4 inches long. It is placed on a thin metal wire. Your letter of inquiry states that this article will be used in artificial floral displays.

The second item in your request is identified as river stones that will be used as decorations. We do not have sufficient information to render a classification of this product. Please provide a breakdown by weight and value of the component materials of the river stones. Also please provide a sample. You may resubmit your request when you have this information.

The applicable subheading for the styrofoam fish on the metal wire, will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: statuettes and other ornamental articles. The rate of duty will be 5.3 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.


Robert B. Swierupski

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