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NY 888208



July 29, 1993

CLA-2-12:S:N:N7:231 888208

CATEGORY: CLASSIFICATION

TARIFF NO.: 1209.23.0020, 1209.24.0000, 1209.25.0040

Mr. Steve Agnew
Border Brokerage Company
P.O. Box B
Blaine, Washington 98230

RE: The tariff classification of "Take Home Turf" from Canada.

Dear Mr. Lawless:

In your letter dated July 7, 1993, on behalf of Canadian Forest Products Ltd., New Westminster, B.C., Canada, you requested a tariff classification ruling.

The product, "Take Home Turf", is described as a flexible wood fiber carpet containing premium quality certified grass seed. The carpet is composed of degradable materials and is formed in rolls of 100 square feet. It is said to be an aide in the planting of seed in all areas where grass is needed and instantly simulates the look of a new lawn. There are three types as follows:

A) Northeast type: The seeds included are 50% Kentucky blue grass, 35% Rye grass and 15 % Fescue.

B) Central type: The seeds included are 90% Fescue and 10% Kentucky Blue grass.

C) Northwest type: The seeds included are 50% Fescue and 50% rye grass.

The applicable subheading for the Northeast type will be 1209.24.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for seeds of forage plants, other then beet seed: Kentucky blue grass. The rate of duty will be 2.75 cents per kilo.

The applicable subheading for the Central type will be 1209.23.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for seeds of forage plants, other then beet seed: Fescue seed. The rate of duty will be free.

The applicable subheading for the Northwest type will be 1209.25.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for seeds of forage plants, other then beet seed: Rye grass. The rate of duty will be 2.2 cents per kilo.

Goods classifiable under subheadings 1209.24.0000 and 1209.25.0040, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Additional requirements may be imposed on this product by the United States Department of Agriculture. You may contact the USDA at:

United States Department of Agriculture
1301 New York Avenue NW
Washington, D.C. 20005-4788

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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