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NY A89098



November 19, 1996

CLA-2-12:RR:NC:2:231 A89098

CATEGORY: CLASSIFICATION

TARIFF NO.: 1209.99.4090; 4202.32.9550

Mr. Angel Cooper
A.N. Deringer, Inc.
173 West Service Road
Champlain, NY 12919

RE: The tariff classification of sea hearts from Jamaica.

Dear Mr. Cooper:

In your letter, dated October 25, 1996, you requested a tariff classification ruling on behalf of your client, Sea Hearts, Montreal, Quebec.

The product are described thus:

1. The sea heart (Entada gigas) is packaged in a straw or vine basket and a paper bag. The sea heart is grown in Jamaica. The straw or black vine basket is made in China. The paper bag and spaghnum moss originate in Canada; the card and scroll are printed in Canada.

2. The sea heart (Entada gigas) is packaged in a satin bag. The sea heart is grown in Jamaica. The card and scroll are printed in Canada. The satin bag in made in Indonesia.

The samples are herewith returned.

The applicable subheading for item #1, which consists of the sea heart, straw or black vine basket, paper bag, spaghnum moss, card and scroll, and item #2, the sea heart only, will be 1209.99.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for seeds, fruits and spores, of a kind used for sowing, other, other, other, other. The rate of duty will be 2.48 cents per kilogram.

The applicable subheading for item #2, the satin bag only, will be 4202.32.9550, HTS, which provides for trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco
pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper, articles of a kind normally carried in the pocket or in the handbag, with outer surface of sheeting of plastic or of textile materials, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 19.5 percent ad valorem.

Items classifiable under 4202.32.9550 fall within textile category designation 670. Based upon international textile trade agreements products of Indonesia are subject to quota and the requirements of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759.

Sincerely,

Roger J. Silvestri
Director

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