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

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

RE: The tariff classification of a garden fence from China.

Dear Ms. Aldinger:

In your letter dated October 23, 2008, you requested a tariff classification ruling.

The sample (Item #9004450) provided with your letter is a white polypropylene plastic garden fence. The product is sold in sets of four interconnecting fence segments. Each segment measures 23 ½ inches in length by 12 ½ inches in height. The fence will be marketed for gardens and is available in white or black. As you requested, the sample will be returned.

The applicable subheading for the garden fence will be 3925.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for builders’ ware of plastics, not elsewhere specified or included, 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).

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