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NY 861079


APR 01 1991
CLA-2-48:S:N1:234 861079

CATEGORY: CLASSIFICATION

TARIFF NO.: 4821.10.4000

Ms. Elizabeth Bak
Intercontinental Transport Services, Inc. 9569 Benford Road
Orlando, Florida 32827

RE: The tariff classification of printed paper flower sleeves, from the Netherlands.

Dear Ms. Bak:

In your letter dated March 1, 1991, on behalf of Palm Tree Packaging, Inc., you requested a tariff classification ruling.

Samples were submitted, which will be retained for reference.

They are printed paper sleeves, cone-shaped, open at top and bottom to conform to the general size and shape of flower pots or plant pots. In folded flat condition, as imported, the sleeves measure 4 3/4.

The sample sleeves are printed by a non-lithographic process with the name of a flower (African Violet), an identifying logo which reads, "This is a select hybrid African Violet", care instructions, and other text concerning this species of flower. In use the sleeve will serve as an exterior covering for the potted African Violet, as these are sold by wholesalers and plant nurseries.

The applicable subheading for paper flower sleeves described will be 4821.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for: Paper and paperboard labels of all kinds, whether or not printed: Printed: Other than in whole or in part by a lithographic process. The rate of duty will be 4.2 percent ad valorem.

We note the samples are not marked to indicate their own country of origin. This is acceptable, provided that the outermost containers in which they are packaged reach the ultimate purchasers in the United States, the wholesalers and plant nurseries, marked to indicate that the sleeves are the product of the Netherlands.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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