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NY C80816




November 13, 1997

CLA-2-46:RR:NC:SP:230 C80816

CATEGORY: CLASSIFICATION

TARIFF NO.: 4420.90.8000

Mr. Chinnalit Supragob
Skanco Company Limited
157/28 Soi Areesamphan 2
Rama 6 Road
Samsennai, Phayatai
Bangkok 10400, THAILAND

RE: The tariff classification of wooden planters from Thailand.

Dear Mr. Supragob:

In your letter dated October 11, 1997, you requested a tariff classification ruling. You identified the products in question as "wooden planters and pot holders," and described them as follows:

(1) Patio Planter - Half-sawn tamarind attached to a hardwood frame and bound by indigenous vines. Used outdoors for plantings needing drainage, or indoors with liners. Approximately 30" x 10" x 8". Weight 6.6 lbs.

(2) Gardener's Log - tamarind pot holder/planter made from a cross-section of selectively harvested tamarind trees. Hollowed, with the actual natural wood bottom. Used indoors and outdoors. Approximately 10" x 9". Weight 5.5 lbs.

(3) Planting Bucket - Half-sawn tamarind attached to a hardwood frame and bound by indigenous vines. Used outdoors for plantings needing drainage, or indoors with liners. Approximately 15" x 8". Weight 4.5 lbs.

(4) Vine-Handle Planter - Half-sawn tamarind slabs are fastened to a hardwood frame and fitted with vine handle. Used outdoors for plantings needing drainage, or indoors with liners. Flare-sided measuring approxi- mately 16" x 16" x 9". Weight 4.5 lbs.

A representative sample apparently corresponding to type (3) was submitted and will be retained for reference. It is noted to have a thick, round, solid wood base, and sides composed of a series of vertically-oriented pieces of wood which appear to be sections of split tree branches still bearing their bark. The thickness of these side pieces ranges from roughly 3/8" to 7/8". Hoop-like pieces of vine are nailed to them as a binder near the top and bottom of the planter.

The applicable subheading for all of the above-described items (1 through 4) will be 4420.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for wooden articles of furniture not falling within chapter 94. The rate of duty will be 4%.

Articles which are classifiable under subheading 4420.90.8000, HTS, which are products of Thailand are entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

The importation of these products may be subject to regulations administered by the U.S. Department of Agriculture (USDA). Inquiries concerning applicable regulations may be addressed to that agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737-1236

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 Paul Garretto at 212-466-5779.

Sincerely,

Robert B. Swierupski

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