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NY 811358




June 29, 1995

CLA-2-44:S:N:N3:230 811358

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9840

Mr. Mauritz Plenby
Associated Merchandising Corp.
1440 Broadway
New York, NY 10018

RE: The tariff classification of rainsticks made of cactus from Chile

Dear Mr. Plenby:

In your letter dated June 6, 1995 you requested a tariff classification ruling.

The ruling was requested on rainsticks made of two species of cactus. A sample of one was submitted. It will be returned to you as you requested. The sample consists of a woody stalk approximately thirty inches long and two inches in diameter. It has been filled with vulcano pebbles and sealed at the ends. The stick makes a rushing sound when moved. The rainsticks will be imported in three sizes, namely, small (20 inches), medium (30 inches) and large (39 inches).

The two species of cactus are Eulychnia acida and Echinopsis chiloensis. These species appear to be covered under the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). A CITES import permit may be required. CITES import permits are issued by the U.S. Fish and Wildlife Service, Office of Management Authority, P.O. Box 3507, Arlington, Virginia 22203-3507.

For the latest information on the importation of endangered plant products and any other restrictions that may apply, please contact the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Federal Building, Hyattsville, Maryland 20782.

The applicable subheading for the cactus rainsticks will be 4421.90.9840, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of wood. The duty rate will be 4.7 percent ad valorem.

Articles classifiable under subheading 4421.90.9840, HTSUSA, which are products of Chile are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is currently scheduled to expire on July 31, 1995, unless its provisions are extended by Congress.

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,


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