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NY L88002

October 17, 2005

CLA-2-39:RR:NC:SP:221 L88002


TARIFF NO.: 3926.90.9880; 9817.00.5000

Ms. Francine Marcoux
Hampton Direct Inc.
350 Pioneer Drive, P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of plastic flower/vine clips from China.

Dear Ms. Marcoux:

In your letter dated September 30, 2005, you requested a tariff classification ruling.

The flower/vine clips (Sku # 52130) are composed of plastic with a metal spring. The clips are used to secure flowers and vines to posts, which helps to enhance growth by providing greater exposure to light and air.

The applicable subheading for the plastic flower/vine clips will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTS. Upon compliance with the actual use requirements of Section 10.131-139 of the Customs Regulations, the plastic flower/vine clips would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty.

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.


Robert B. Swierupski

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