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NY M83241




May 30, 2006

CLA-2-39:RR:NC:SP:237 M83241

CATEGORY: CLASSIFICATION

TARIFF NO.: 3907.99.0050

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of polyester flakes from China.

Dear Ms. Aldinger:

In your letter dated May 17, 2006, you requested a tariff classification ruling for the item “Bagged Snow Flake.” The item consists of 100% polyester flakes retail packed in a three quart size plastic bag for decorative use.

The applicable subheading for the polyester flakes will be 3907.99.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other saturated polyesters in primary forms. The rate of duty will be 6.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the requirements of the Toxic Substances Control Act, Administered by the U. S. Environmental Protection Agency. You may contact them at 402 M Street S.W., Washington, D.C. 20406, phone (202) 554-1404.

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 Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director,

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