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NY H85164




September 5, 2001

CLA-2-48:RR:NC:SP:234 H85164

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.90.8500; 9817.00.5000

Mr. Salvatore LoBello
T.H. Weiss, Inc.
2 Johnson Road
Lawrence, N.Y. 11559

RE: The tariff classification of “bee nester kits,” of paperboard and plastic, from Thailand.

Dear Mr. LoBello:

In your letter dated August 16, 2001, you requested a tariff classification ruling on behalf of Kinsman Company, Inc. (Pipersville, PA).

A sample identified as a “Red Mason Bee Container,” also known as a “bee nester kit,” was submitted for our examination and is being returned to you as requested. The housing, or outer shell, of the product is a hard plastic can measuring approximately 2¾” in diameter by 8½” in length. Inside the can are 30 removable, brown paperboard tubes, each about 3/8” in diameter. Each tube, in turn, features a removable liner (in the form of a white paper tube) as well as a removable plastic plug at one end.

The product is intended to help gardeners increase the local bee population to foster the pollination of fruit trees, berry plants, flowers, etc. After being placed outdoors, the item will attract bees (particularly a type known as “Red Mason”) in search of a suitable nesting place. (When placed outdoors, one end of the can is left open so that the tubes are exposed.) The bees will deposit eggs in the tubes, eventually resulting in the propagation of the species. In response to a telephone query by this office, you stated that the components of the kit do not contain any chemical attractants or the like.

The applicable subheading for the bee nester kits will be 4823.90.8500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other (non-enumerated) articles of paper or paperboard. The duty rate will be 1.6%.

Articles classifiable under subheading 4823.90.8500, HTSUSA, which are products of Thailand are currently entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTSUSA. Upon compliance with the actual use requirements of Section 10.131-139 of the Customs Regulations, the nester kits would be classifiable in subheading 9817.00.5000, HTSUSA, and would be free of duty.

We note that the sample is not marked with its country of origin. When imported into the United States, the article will be required to be so marked (e.g., “Made in Thailand”), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser.

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 Carl Abramowitz at 212-637-7060.

Sincerely,

Robert B. Swierupski
Director,

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