The tariff classification of a plant sleeve from China

N124161 September 23, 2010 CLA-2-63:RR:E:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Lorie Gurliaccio World Wise Consulting 1665 NW 102nd Ave, Suite 107 Doral, FL 33172 RE: The tariff classification of a plant sleeve from China Dear Ms. Gurliaccio: In your letters dated Aug. 30 and Sept. 13, 2010, you requested a tariff classification ruling on behalf of your client, Costa Farms, of Goulds, Fla. You submitted a sample of a protective sleeve for plants. It is made of two panels of polypropylene spunbonded nonwoven textile fabric heat-sealed together to form a cone which can be placed over plants. It is considered made up according to the terms of Note 7(e) to Section XI, Harmonized Tariff Schedule of the United States (HTSUS). The sample measures 39” tall x 22” across the top tapering to 11” across the bottom. The porous fabric allows air to circulate around the plant and the plant can be watered directly through the sleeve. In addition, the sleeve provides protection for the plant if it is lifted or moved. You included pictures of a potted palm sitting inside a sleeve at a commercial nursery. It is not considered a sack or bag for classification purposes. The applicable subheading for the plant sleeve will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% 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 the World Wide Web at http://www.usitc.gov/tata/hts/. You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”). 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 Mitchel Bayer at (646) 733-3102. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division