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NY 813377



August 18, 1995

CLA-2-12:S:N:N7:231 813377

CATEGORY: CLASSIFICATION

TARIFF NO.: 1209.25.0020; 1209.25.0040

Ms. Whitney Hammond
10132 South 440 East
Sandy, UT 84070

RE: The tariff classification of growing grass doll heads from China.

Dear Ms. Hammond:

In your letter, which is undated, and received in this office on August 3, 1995, you requested a tariff classification ruling.

The products, "Bo-Bo Heads," are growing grass doll heads. They are made from sawdust and rye seed that has been wrapped in a nylon stocking. After having been watered, the seeds sprout into green grass that resembles hair.

The applicable subheading for the "Bo-Bo Heads," growing grass doll heads, if annual rye grass, will be 1209.25.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for seeds, fruits and spores, of a kind used for sowing, seeds of forage plants, other than beet seed, rye grass (Lolium multiflorium Lam., Lolium perenne L.) seed, annual. The rate of duty will be 2.1 cents per kilogram.

The applicable subheading for the "Bo-Bo Heads," growing grass doll heads, if perennial rye grass, will be 1209.25.0040, HTS, which provides for seeds, fruits and spores, of a kind used for sowing, seeds of forage plants, other than beet seed, rye grass (Lolium multiflorium Lam., Lolium perenne L.) seed, perennial. The rate of duty will be 2.1 cents per kilogram.

Section 304 of the Tariff Act of 1930, as amended (19 USC 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 USC 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample that you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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
Animal and Plant Health Inspection Service 1201 Corbin Street
Elizabeth, NJ 07201

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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