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NY N020859

January 10, 2008



TARIFF NO.: 8481.80.5090

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

RE: The tariff classification of a decorative garden water spigot from China

Dear Ms. Aldinger:

In your letter dated December 11, 2007 you requested a tariff classification ruling. A sample was submitted and will be returned as you requested.

The product you plan to import is described as “Water Pump Gnomes,” Item Number 9000557. This decorative article depicts two garden gnomes with a water pump. The item is composed of 45.5% polyresin and 54.5% stone powder and incorporates a hand-operated valve with a brass spigot that controls the flow of water. The pump does not function as such and is purely decorative.

The applicable subheading for the decorative garden water pump will be 8481.80.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other hand-operated valves of other materials. The rate of duty will be 3 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 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 Kenneth T. Brock at 646-733-3009.


Robert B. Swierupski

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