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NY A82879




May 1, 1996

CLA-2-39:RR:NC:MA:106 A82879

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 9817.00.5000

Ms. Rosie B. Young
Argay International
49 Maryland St.
Dix Hills, NY 11746

RE: The tariff classification of a self-watering system for plants from Taiwan

Dear Mr. Young:

In your letter dated April 18, 1996 you requested a tariff classification ruling. You included a sample of the product with your request.

You have submitted a sample of an item called a "Plant Oasis", which is a self-watering plant irrigator. It is made almost entirely of plastic and is used to continually water house plants. The irrigator appears to function by wicking action.

The applicable subheading for the plant irrigator will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics, other, other. The rate of duty will be 3.4 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provisions of subheading 9817.00.50 HTS. Upon the submission of actual use certification as provided for in section 10.131-139 of the Customs Regulations, (CR) the "Plant Oasis" plant irrigator would be classifiable in subheading 9817.00.50, HTS and would be free of duty. 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 Patrick J. Wholey at 212-466-5668.

Sincerely,

Roger J. Silvestri
Director

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