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NY L82647




February 23, 2005

CLA-2-39:RR:NC:SP:233 L82647

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.4000

Ms. Yolanda S. Massey
Import Manager
Michaels Stores, Inc.
8000 Bent Branch Drive
Irving, TX 75063

RE: The tariff classification of acrylic gems from China.

Dear Ms. Massey:

In your letter dated February 11, 2005, you requested a tariff classification ruling.

The merchandise to be imported consists of clear acrylic gems in assorted shapes and sizes. The gems are packed 40 to a pack in a clear plastic container. They are to be merchandised as a vase filler, to hold flowers in the vase. They can also be used in creating items such as floral centerpieces, candlescapes, garlands, and ornaments. You have submitted a sample of the item with your request.

The applicable subheading for the acrylic gems will be3926.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other articles of plastics Imitation gemstones.” The rate of duty will be 2.8% 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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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