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

Ms. Tammie Oliver
Customs Import Compliance Department
Kohl's Department Stores
N56 W17000 Ridgewood Drive
Menomonee Falls, Wisconsin 53051

RE: The tariff classification of polyethylene flakes from China.

Dear Ms. Oliver:

In your letter dated May 16, 2008 you requested a tariff classification ruling. Your sample is being returned.

The product is described as Decorative Artificial Snow consisting of polyethylene materials compressed into flakes, cut into small pieces, and packaged for retail sale in clear plastic bags (3L x 3W x 8H) tied with raffia.

The applicable subheading for the polyethylene flakes packaged for retail sale will be 3901.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polymers of ethylene, in primary forms: Other: Other: Other. The rate of duty will be 6.5% 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. 20460, telephone number (202) 554-1404.

This item may also be subject to prohibition and recall under the laws and regulations administered by the Consumer Product Safety Commission (CPSC). You may contact their Office of Compliance located in Washington, D.C. 20207-0001 at telephone number 301-504-7913.

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 control number shown 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 Swierupski
Director,
National Commodity
Specialist Division