N204820 N2 Ruling Active

The tariff classification of plastic tree armor from China

Issued March 13, 2012 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3924.90.5650

Headings: 3924

Product description

The submitted samples are each identified as Tree Armor. The item is made of 25 gauge brown polyvinyl chloride (PVC) plastic tapered sheeting material that is imported in spiral rolls that measure 3½” wide and approximately 8 feet long when the spiral is straightened out. It is designed in the same color as natural tree bark. This item is designed to wrap around the bottom of an ornamental tree, a fruit tree or a young shade tree for the purpose of protecting the tree against damage from deer, rabbits, rodents and power tools such as lawn mowers, weed wackers, edgers, etc. The Tree Armor is ventilated with small round apertures situated approximately 16” apart from one another along the length of the coil, to help prevent mold and mildew. When in place around the bottom of the tree, with successive spirals overlapped, it can extend up to 3 feet high as the tree grows and can be used to protect a tree that measures up to 4” in diameter. This item is designed for repetitive use and is sold exclusively retail for homeowner use.

CBP rationale

The applicable subheading for the Tree Armor will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …other household articles…of plastics: other: other…other.

Full text

N204820 March 13, 2012 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5650 Mr. Michael J. Rowles DJR Logistics, Inc. 510 Heron Drive Suite #201 Swedesboro, NJ 08085 RE: The tariff classification of plastic tree armor from China Dear Mr. Rowles: In your letter dated February 10, 2012, on behalf of Hawk Mountain dba Tree Armor, you requested a tariff classification ruling. The submitted samples are each identified as Tree Armor. The item is made of 25 gauge brown polyvinyl chloride (PVC) plastic tapered sheeting material that is imported in spiral rolls that measure 3½” wide and approximately 8 feet long when the spiral is straightened out. It is designed in the same color as natural tree bark. This item is designed to wrap around the bottom of an ornamental tree, a fruit tree or a young shade tree for the purpose of protecting the tree against damage from deer, rabbits, rodents and power tools such as lawn mowers, weed wackers, edgers, etc. The Tree Armor is ventilated with small round apertures situated approximately 16” apart from one another along the length of the coil, to help prevent mold and mildew. When in place around the bottom of the tree, with successive spirals overlapped, it can extend up to 3 feet high as the tree grows and can be used to protect a tree that measures up to 4” in diameter. This item is designed for repetitive use and is sold exclusively retail for homeowner use. The applicable subheading for the Tree Armor 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, Thomas J. Russo Director National Commodity Specialist Division

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