The tariff classification of an animated metal plant pick from China

N248117 December 3, 2013 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.9650 Jeanette Arciero CVS Pharmacy Attn: Mail Code 1049 1 CVS Drive Woonsocket, RI 02895 RE: The tariff classification of an animated metal plant pick from China Dear Ms. Arciero: In your letter dated November 19, 2013, you requested a tariff classification ruling on behalf of your client, CVS Pharmacy. The merchandise in question is a metal plant pick with a solar-powered butterfly at the top (item # 95119). This item is designed to be stuck into the soil at the base of a plant. When the solar-powered motor is activated the butterfly’s wings flutter. The applicable subheading for the metal plant pick with a solar-powered butterfly at the top (item # 95119) will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other.” The duty rate will be 2.6 %. 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 Steven Pollichino at (646) 733-3008. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division