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NY L86530




August 17, 2005

CLA-2-73:RR:NC:N1:121 L86530

CATEGORY: CLASSIFICATION

TARIFF NO.: 8306.29.0000

Mr. Floyd Sirico
Rogers & Brown
Customs Brokers, Inc.
2 Cumberland Street
P.O. Box 20160
Charleston, SC 29413

RE: The tariff classification of a wire basket with liner from China

Dear Sirico:

In your letter dated July 15, 2005, on behalf of Pride Group, Inc., you requested a tariff classification ruling.

The sample you provided is a planter for container gardening. It is a composite good made of steel wire and a coir liner. The planter has a three-wire, tangle-free hanger. In your letter, you mention heading 9817.00.50, which provides for machinery, equipment and implements to be used for agricultural or horticultural purposes. The planter is excluded from this heading by Section XXII, Subchapter XVII, Note 2(ij).

The applicable subheading for the planter will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for bells, gongs and the like, nonelectric, of base metalstatuettes and other ornaments, and parts thereof, other. 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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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