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NY C83752




February 24, 1998

CLA-2-39:RR:NC:SP:222 C83752

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Anita Dembiczak
SunHill Industries, Inc.
48 Union Street
Stamford, CT 06906-1329

RE: The tariff classification of plastic articles from China.

Dear Ms. Dembiczak:

In your letter dated January 9, 1998, you requested a tariff classification ruling.

You have submitted descriptive literature and sample of a plastic frog hose guide, item #D638. Also you have submitted descriptive literature and pictures of three other samples that are identified as plastic Specialty Planters.

Item #D638, the frog hose guide is designed as a green frog with two non-detachable stakes. The stakes may be placed in the ground to guide the hose and to keep it from harming or disrupting growth of plants or flowers in the garden.

Item #D626 is a topiary planter, item #D625 is a wreath planter to hang on a door or place on a table and item #D717 is a vertical planter to hang on walls, fences or doors. All of the planters are designed for an easy way to create perfectly shaped plants. In a telephone conversation you stated that only the plastic shaped pieces of each of the above planters will be imported.

The applicable subheading for the plastic frog hose guide and the plastic planters will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for...other house 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,

Robert B. Swierupski
Director,

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