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NY E89360




December 3, 1999

CLA-2-94:RR:NC:SP:233 E89360

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.70.8030

Ms. Eileen T. Hennessey
Panalpina, Inc.
10 Griffin Way
Chelsea, MA 02150

RE: The tariff classification of the “Chippendale Planter” from Italy.

Dear Ms. Hennessey:

In your letter dated November 1, 1999, on behalf of PBA Co., Inc., you requested a tariff classification ruling.

The submitted sample, the “Chippendale Planter,” is a decorative square plant stand which measures 13 ¼” x 13 ¼” x 13 ¼”. It is made of white plastic and features four legs with a lattice pattern on all four sides. The article is designed to sit on the ground and used to hold potted plants. It cannot be used as a planter as the bottom has large gaping holes in all four corners.

The applicable subheading for the Chippendale Planter will be 9403.70.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for other furniture and parts thereof: furniture of plastics: other, other. The rate of duty will be free.

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 Lawrence Mushinske at 212-637-7061.

Sincerely,

Robert B. Swierupski
Director,

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