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NY B87896

August 13, 1997

CLA-2-39:RR:NC:SP:222 B87896


TARIFF NO.: 3926.40.0000

Mr. Vernon Kurz
BDP International, Inc.
1017 4th Avenue
Lester, PA 19029-1818

RE: The tariff classification of plastic planters from China.

Dear Mr. Kurz:

In your letter dated July 18, 1997, on behalf of your client New Holland Floral, Inc., you requested a tariff classification ruling.

You have submitted two samples of holiday plastic planters. Sample no. 1, is identified as a Santa Planter, style #C2998D. The planter is composed of a standing Santa figure with an open sack in the rear. The open sack can be used to hold small plants. We are of the opinion that this planter is a functional item and it is not merely used for decorations.

Sample no. 2 is a Ghost Planter, style #C2888B. This article features a ghost-like figure with a planter in the rear. The planter can be used to hold small plants. In our opinion, the planter is a functional article and it is not merely used for decorations.

The applicable subheading for both of the plastic planters will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: Statuettes and other ornamental articles. The rate of duty will be 5.3 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 Alice Masterson at 212-466-5892.


Gwenn Klein Kirschner
Chief, Special Products Branch

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