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NY I80646




April 23, 2002

CLA-2-39:RR:NC:SP:221 I80646

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 707 Wilshire Blvd., Suite 4900
Los Angeles, CA 90017

RE: The tariff classification of vine clips from China.

Dear Mr. Powell:

In your letter dated April 4, 2002, on behalf of Plantra, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The vine clips are composed entirely of plastic, and are used to attach bird netting to grapevines to protect them from birds. As you requested, the sample is being returned.

The applicable subheading for the plastic vine clips will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

You state that you believe that the vine clips are classified in the alternative in subheading 9817.00.5000, HTS, which provides for machinery, equipment and implements to be used for agricultural or horticultural purposes. We agree with your assumption that the growth and production of grapevines and other agricultural crops satisfy an agricultural purpose. We likewise agree that the netting used to protect these crops from predators also answers to an agricultural purpose since the netting’s function satisfies the agricultural purpose of care and maintenance of an agricultural crop. On the other hand, the clips do not directly answer to an agricultural purpose since their function is merely to hold the netting in place, not to perform the function of the netting. For this reason, clips used to hold netting in place on agricultural crops are not machinery, equipment or implements to be used for an agricultural or horticultural purpose.

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 Joan Mazzola at 646-733-3023. If you have any questions regarding the applicability of subheading 9817.00.5000, HTS, contact National Import Specialist Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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