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NY L88668




December 6, 2005

CLA-2-39:RR:NC:SP:221 L88668

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

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

RE: The tariff classification of the “Hanging Plant Waterer” from Taiwan.

Dear Ms. Marcoux:

In your letter dated November 14, 2005, you requested a tariff classification ruling.

A photograph was provided with your letter. The Hanging Plant Waterer (#52730) is a device that enables a person to reach hanging plants to water them. The device consists of a plastic handle attached to a plastic spout, and measures approximately 19 3/8 inches in overall length. The spout has a threaded fitting designed to attach to a standard water or soda bottle. When the bottle is inverted, water flows through the spout to water the plant. The spout does not incorporate a valve or other device for controlling the flow of the water. The bottle is not included with the product.

The applicable subheading for the Hanging Plant Waterer will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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