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NY N017241





October 1, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980

Ms. Peggy Persaud
Palm Tree Packaging, Inc.
1126 Ocoee-Apopka Road
Apopka, FL 32703

RE: The tariff classification of grower pot covers from China

Dear Ms. Persaud:

In your letter dated September 17, 2007, you requested a tariff classification ruling.

A photograph was provided with your request. The pot cover is made form a sheet of metallized polyethylene plastic. It has been crimped and heat set to fit around the base of a grower pot that contains a plant.

The applicable subheading for the polyethylene pot cover will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. 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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