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NY 871950

March 10, 1992



TARIFF NO.: 1404.90.0000

Ms. Sharon G. Eng
Pragma-Pil, Inc.
116 East Broad Street
Falls Church, VA 22046

RE: The tariff classification of nursery containers from the Philippines

Dear Ms. Eng:

In your letters dated February 10, 1992 and February 28, 1992, you requested a tariff classification ruling.

A sample accompanied your first letter, was examined and disposed of. The product is a nursery container made from "cococloth," a material that grows at the top of the coconut palm tree. This material is removed from the tree, cut to size, folded into shape, and sewn in place with nylon thread. The sample is conical in shape, approximately 8 inches long and 2 inches in diameter at the top. Descriptive literature indicates these containers may come in a variety of shapes and sizes.

The applicable subheading for the nursery container will be 1404.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetable products not elsewhere specified or included...other. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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