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NY B83789




April 28, 1997

CLA-2-39:RR:NC:SP:222 B83789

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. Michael Favretto
1800 R St., NW #605
Washington, DC 20009-1617

RE: The tariff classification of a plastic planter kit from Australia.

Dear Mr. Favretto:

In your letter dated March 25, 1997, you requested a tariff classification ruling.

The submitted sample is identified as a Green Genii Kit. This kit consists of a plastic planter, one bag of Perlite (a non-organic material of crushed rock) and 500 Ml Green Genii (full spectrum liquid nutrient). The tube-shaped planter is made of polyethylene UV stabilized plastic. The planter has a string attached to the top for the purpose of hanging from the ceiling, a bracket or an awning. This planter is used to grow flowers and fruit. The essential character of this item is imparted by the plastic tube-shaped planter. At the time of entry of this merchandise a statement of compliance with the Toxic Substances Control Act is required for the 500 Ml Green Genii (full spectrum liquid nutrient).

The applicable subheading for the plastic planter kit will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles...of plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

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 Alice Masterson at 212-466-5892.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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