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NY 887289



July 12, 1993

CLA-2-06:S:N:N7:231 887289

CATEGORY: CLASSIFICATION

TARIFF NO.: 0601.10.9080

Ms. Marie Rispoli
Arjon MFG. Corporation
100 Hoffman Place
Hillside, New Jersey 07205

RE: The tariff classification of Pot"O"Luck (a bulb kit) from England.

Dear Ms. Rispoli:

In your letter dated June 11, 1993 you requested a tariff classification ruling.

The product, Pot"O"Luck, is described as a "genuine "grow your own luck" 4-leaf clover". It consists of a set containing a bulb (Qxalis Deppi), a plastic pot, an enamel marker and a wire stake.

The applicable subheading for the Pot"O"Luck will be 0601.10.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other then roots of heading 1212: other. The rate of duty will be 5.5 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 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 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample 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, New Jersey 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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