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NY N015656




August 27, 2007

CLA-2-39:RR:E:NC:N2:221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980

Ms. Lyn Antunes
Norman Krieger, Inc.
921 W. Artesia Blvd.
Rancho Dominguez, CA 90220

RE: The tariff classification of a “rechargeable water bag” from China

Dear Ms. Antunes:

In your letter dated August 10, 2007, on behalf of Stone Horse Trading Company, you requested a tariff classification ruling.

The product is identified as a rechargeable water bag or rechargeable solid water, designed for use as a plant watering system. It consists of a nonwoven fabric bag filled with a cross-linked copolymer of partially neutralized acrylic. In dry form the acrylic copolymer is in the form of a powder of crystalline structure. The bag is designed to be immersed in water for 10-20 minutes. Upon contact with water, the acrylic copolymer absorbs the water and expands to form a gel-like suspension. The bags are buried near plant roots and provide a slow release water source. The bags are available in different sizes, with the largest bag absorbing up to 1.2 liters of water. Soluble plant food may be added to the water. The bag will absorb the plant food and slowly release it, with the water, into the root zone of the plant.

The applicable subheading for the rechargeable water bags will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914. The rate of duty will be 5.3 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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