The tariff classification of plastic and vegetable fiber planters from China

N137957 March 16, 2011 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5650 Mr. Troy D. Crago-Edwards Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of plastic and vegetable fiber planters from China Dear Mr. Crago-Edwards: In your letter dated December 2, 2010, you requested a tariff classification ruling. The three submitted samples are each identified as Bamboo Biodegradable Planter, Item Number A026MA04263. The only distinguishing characteristic between the three samples is the color and the three colors submitted were green, brown and tan. You have claimed that this item is comprised of 100% bamboo. However, the brown version was submitted to the Customs and Border Protection Laboratory and it was determined that the item was comprised mostly of vegetable fiber and polyacrylamide plastic material. This item is a composite good within the meaning of General Rule of Interpretation (GRI) 3. Plastic may consist of unplasticised materials which become plastic in the molding and curing process, or of materials to which plasticisers have been added; these materials may incorporate fillers that are made of wood flour, cellulose, textile fibers, mineral substances, starch, etc. Your descriptive literature reflects the fact that the vegetable fiber was in a form of powder and it is the plastic material that provided the item with its shape and form, thereby allowing it to function as a planter. It is therefore the opinion of this office that the plastic material provides this item with the essential character within the meaning of GRI 3(b). The applicable subheading for Item Number A026MA04263 will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …other household articles…of plastics: other: other…other. The rate of duty will be 3.4 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Gary Kalus at (646) 733-3055. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division