CATEGORY: Classification s173

NY M86397

September 18, 2006

CLA-2-39:RR:NC:SP:221 M86397

CATEGORY: Classification

TARIFF NO.: 3926.90.9880

Mr. Heidar Nuristani Central Purchasing, LLC 3491 Mission Oaks, Blvd. Camarillo, CA 98012

RE: The tariff classification of marking flags from China.

Dear Mr. Nuristani:

In your letter dated August 28, 2006, you requested a tariff classification ruling.

A sample was provided with your letter. The marking flag consists of a neon orange flag composed of plastic sheeting mounted onto a steel rod. The rod is 15 inches in height and the flag is 3 ½ inches by 2 ¾ inches. The marking flags are used in landscaping and surveying building sites.

The applicable subheading for the marking flags will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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). 2

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.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division