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NY H82370




August 30, 2001

CLA-2-67:RR:NC:SP:222 H82370

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Elena Stancev
Limited Logistics Services
Seven Limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of a fruit wreath flowerpot from China.

Dear Ms. Stancev:

In your letter dated June 6, 2001, on behalf of your client Bath and Body Works, Inc., you requested a tariff classification ruling.

The submitted sample is identified as style #42314, a fruit wreath flowerpot. The item is a plastic flowerpot measuring 10 inches in height, 7 inches in diameter at the top and 5.5 inches in diameter at the bottom. The plastic flowerpot is covered with green velvet fabric. The top opening is accented with a wreath that is made of styrofoam fruit berries. The wreath is permanently fixed to the flowerpot. The material composition breakdown is 49 percent plastic, 30 percent wire, 14 percent polyester, 5 percent styrofoam and 2 percent paper. Your letter states that the flowerpot will be sold during the holiday season in the Bath & Body Works stores as a gift set. It will be filled with personal care and/or home fragrance items. The item does not appear to be associated with any particular holiday.

The sample is returned as you requested.

The applicable subheading for the fruit wreath flowerpot, will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: Other: Other. The rate of duty will be 3.4 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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