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NY F88477





July 17, 2000

CLA-2-39:RR:NC:SP:222 F88477

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Traci Manuel
Virgo III, Ltd.
766 Knox Court
Yardley, PA 19067

RE: The tariff classification of a plastic flower pot from China.

Dear Ms. Manuel:

In your letter dated June 13, 2000, you requested a tariff classification ruling.

The submitted sample is a polystyrene flower pot. The base measures 2-1/4 inches in diameter and the top measures 3-3/4 inches in diameter. The flower pot measures 3 inches in height. Your letter of inquiry states that this item will be sold at retail with candy packed inside. The flower pot will be imported without the candy.

The applicable subheading for the plastic flower pot will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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