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NY L86938




September 14, 2005

CLA-2-39:RR:NC:SP:221 L86938

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.90.5500

Ms. Francine Marcoux
Hampton Direct, Inc.
P. O. Box 1199
Williston, VT 05495

RE: The tariff classification of a plastic flower pot and a plastic meal kit for pets from China.

Dear Ms. Marcoux:

In your letter dated August 8, 2005, you requested a classification ruling.

You have submitted illustrations depicting two samples. The first sample is item number 29510. It is identified as a Flower Pot Garden Stake. The terra cotta colored pot is used for planting flowers and herbs. This flower pot is designed with a 3 inch long stake at the bottom to secure the flower pot to the ground and prevent the pot from tipping over. It is made of polycarbonate plastic material and measures approximately 4-1/2 inches long by 4-1/2 inches wide by 8-1/2 inches high. The outer diameter measures 4 inches wide and the inner diameter measures 2-3/8 inches wide. The flower pots can be used to line a walkway or a garden path. They can also be used as a vase for bouquets of fresh cut flowers.

The second sample is identified as item number 51810, a Portable Pet Meal Kit. The kit is essentially a portable divided food and water dish for pets, made of polyethylene and polypropylene plastic material. It is designed with a two-cup capacity canteen for water that fits snuggly into one half of the translucent “D” shaped meal kit. Food can be stored in the other half of the kit. The meal kit opens out flat to provide food and water for pets on the go. The meal kit is fashioned with a magnetic closure and built-in carry handle.

The applicable subheading for the plastic flower pot garden stake and the plastic portable meal kit for pets 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.

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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