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NY I85499

September 19, 2002

CLA-2-39:RR:NC:SP:222 I85499


TARIFF NO.: 3924.90.5500; 9601.90.2000

Ms. Mari Gaspar
Southeast Origin
1108-C Buckingham Drive
Costa Mesa, CA 92626

RE: The tariff classification of plastic articles and shell articles from the Philippines.

Dear Ms. Gaspar:

In your letter dated August 3, 2002, you requested a classification ruling.

You have submitted two photographs depicting home accessories products. The first photograph depicts containers of various sizes with the main body composed of fiberglass resin. These containers will be trimmed with natural fiber abaca twine, natural wood material and/or rattan. In our opinion, the fiberglass resin imparts the essential character to these containers.

The second photograph depicts various serving plates and containers made of bonded sea shell or “capiz”.

The applicable subheading for the fiberglass resin containers will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: Other: Other. The rate of duty will be 3.4 percent ad valorem..

The applicable subheading for the sea shell or “capiz” serving plates and containers will be 9601.90.2000, HTS, which provides for Worked shell and articles thereof. The rate of duty will be free.

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.


Robert B. Swierupski

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