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NY L82801

March 23, 2005

CLA-2-39:RR:NC:SP:221 L82801


TARIFF NO.: 3926.40.0000

Mr. Troy D. Crago
Atitco International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of plastic decorative chain from China.

Dear Mr. Crago:

In your letter dated February 17, 2005, you requested a tariff classification ruling.

A sample was provided with your letter. The chain (C079FA02805) is composed of Styrofoam plastic that has been painted to look like metal. The chain is 4 feet in length and is sold as a novelty decoration. Though you intend to market it as a Halloween decoration, there is nothing that limits the use of the product to the Halloween season.

The applicable subheading for the decorative chain will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plasticsstatuettes 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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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