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NY J81664




March 27, 2003

CLA-2-39:RR:NC:SP:221 J81664

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.90.5500; 9403.20.0010

Mr. Rob Decker
Unitrans International Corporation
709 S. Hindry Avenue
Inglewood, CA 90301

RE: The tariff classification of plastic portable greenhouses from China.

Dear Mr. Decker:

In your letter dated February 24, 2003, on behalf of your client Smith & Hawken Ltd., you requested a classification ruling.

The first sample is a portable greenhouse known as “Greenhouse Cloche”. This product is identified as item number SKU-757385. It measures 25 inches wide and 30 inches in height. The “Greenhouse Cloche” features a steel frame with an umbrella-type release. Transparent plastic covers the steel frame. It can be opened from the outside with a pull-ring at the top of the pole. A zippered door allows for easy access to the plants. The door is designed with ties to secure in an opened position. The bottom features rings for securing to the ground with stakes (not included). This portable greenhouse is used for plants that need warmth and humidity to grow. It is made in the shape of a transparent umbrella without a handle.

The second sample is a portable greenhouse identified as item number SKU-757401. It consists of a set of four steel grid shelves covered with heavyweight plastic and a steel frame. The four-shelf steel grid allows air to circulate and water to drip through. A transparent plastic covering fits over the frame. The transparent plastic allows light to reach the plants while at the same time retaining heat and moisture for growth. A zippered door allows easy access to the plants. It measures 27.2 inches wide by 61.8 inches high by 19.3 inches deep. This product is designed for year-round gardening projects.

The applicable subheading for item number SKU-757385, the plastic “Greenhouse Cloche” 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.

The applicable subheading for item number SKU-757401, the steel frame portable greenhouse will be 9403.20.0010, HTS, which provides for other furniture and parts thereof: other metal furniture, household. 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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