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NY J81100

February 26, 2003

CLA-2-39:RR:NC:SP:221 J81100


TARIFF NO.: 3926.90.9880

Mr. Bruce D. Roberts
Miami International Forwarders
1801 NW 82 Ave.
Miami, FL 33126-1013

RE: The tariff classification of polypropylene boning from China.

Dear Mr. Roberts:

In your letter dated February 5, 2003, on behalf of Dyno Merchandise Corp., you requested a tariff classification ruling.

The submitted sample (style 47334W) is a ½ inch flexible polypropylene boning that is covered with cotton. The product has a sewing edge and can be used for either hand or machine sewing. According to the cost breakdown submitted with your letter, the cost of the plastic boning is more than double the cost of the cotton cover. The weight of the boning far exceeds the weight of the cotton cover. The essential character is imparted by the plastic.

The applicable subheading for the polypropylene boning will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. 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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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