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NY J89942

November 4, 2003

CLA-2-96:RR:NC:SP:236 J89942


TARIFF NO.: 9602.00.5000; 9817.00.5000

Ms. Jingli Newkirk
2415 Vanderbilt Lane, Unit A
Redondo Beach, Ca 90278

RE: The tariff classification of a molded garden pot from China

Dear Ms. Newkirk:

In your letter dated October 6, 2003, you requested a tariff classification ruling.

The sample submitted, a molded garden pot, is a biodegradable pot made of vegetable fiber material. The production process consists of taking crop residue, such as bamboo bits, straw, haulm, chaff, corncobs or reed, etc, as original materials and adding some edible starches and natural glue, and then forming and shaping by dry-press. Your sample is being retained for training purposes.

The applicable subheading for a molded garden pot will be 9602.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides Worked vegetable or mineral carving material and articles of these materials; molded or carved articles of wax, of stearin, of natural gums or natural resins, of modeling pastes, and other molded or carved articles, not elsewhere specified or included; worked, unhardened gelatin (except gelatin of heading 3503) and articles of unhardened gelatin: Other. The rate of duty will be 2.7 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 Debra Wholey at 646-733-3034.


Robert B. Swierupski

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