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NY J81138

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February 14, 2003

CLA-2-82:RR:NC:N1:113 J81138

CATEGORY: CLASSIFICATION

TARIFF NO.: 8201.50.0000; 8213.00.9000

Mr. Stephen W. Marlow
FedEx Trade Networks
205 West Service Road
Champlain, NY 12919

RE: The tariff classification of pruning shears from China and Taiwan.

Dear Mr. Marlow:

In your letter dated February 4, 2003, you requested a ruling on behalf of Garant, Inc. on tariff classification.

The sample you provided is Botanica: The Book of Plant Pruning. The article consists of three shears packaged in a cardboard box that is shaped like a book. The “book” is printed with instructions on pruning. The shears consist of a small bypass secateur, floral pruners (scissors) and a floral clip with a finger ring. The sample you provided is not legally marked with the country of origin. The marking of the items is concealed and the box contains references to a locality other than the actual country of origin of the article. Before importing the article, we suggest you contact your local port for advice on correct marking.

The applicable subheading for the secateurs will be 8201.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for secateurs and similar one-handed pruners and shears, and parts thereof. The general rate of duty will be 1 cent each plus 2.8 percent ad valorem.

The applicable subheading for the floral pruners and floral clip will be 8213.00.9000, HTS, which provides for scissors, tailors’ shears and similar shears, and blades and other base metal parts thereof, valued over $1.75 per dozen, other. The general rate of duty will be 3.7 cents each plus 3.7 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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 8201.50.00 - One-handed secateurs, pruners and shears (including poultry shears), and base metal parts thereof
• Tariff No.: 8213.00.90 - Base metal scissors, tailors' shears and similar shears (o/than pinking shears val o$30/dz), and base metal parts, val. o/$1.75 per dozen