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NY A89988




February 11, 1997

CLA-2-38:RR:NC:2:238 A89988

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000; 3105.10.0000; 1211.90.8090

Ms. Mona Chase
The Chase Collection
949 Farm Haven Drive
Rockville, MD 20852

RE: The tariff classification of "Moth Herbs", "Plant-Boosters", and "Real Flower Confetti", from the United Kingdom

Dear Ms. Chase:

In your letter dated December 4, 1996, you requested a tariff classification ruling.

The first product, "Moth Herbs", consists of herb-filled sachets containing, among other things, Pyrethrum flowers, Wormwood, Southernwood, and cloves. The sachets, which are put up for retail sale in a paperboard box containing 20 sachets, are indicated for use as a moth repellent. The second product, "Plant-Boosters", consists of herb-filled sachets, each weighing 1.6 oz., containing Kelp, Yarrow, Horsetail, Comfrey, Nettle leaves and Onion flakes. The sachets, which are put up for retail sale in a paperboard box containing 15 sachets, are indicated for use as a plant food. The third product, "Real Flower Confetti", consists of a sealed plastic bag (which is referred to on the paperboard package in which it is put up for retail sale as a "sachet") containing 25 grams of dried and/or cut rose petals, Forget-me-Not, Lovage, Camomille, Rosemary and Dill. The product is used for tossing at the wedding couple.

The applicable subheading for "Moth Herbs" will be 3808.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Insecticides, ... , put up in forms or packings for retail sale or as preparations or articles ... : Insecticides: Other: Other: Other." The rate of duty will be 5 percent ad valorem. The applicable subheading for "Plant-Boosters" will be 3105.10.0000, HTS, which provides for: "Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Products of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg." The rate of duty will be free. The applicable subheading for "Real Flower Confetti" will be 1211.90.8090, HTS, which provides for: "Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: Other: Other: Other." The rate of duty will be free.

With respect to your request for a tariff classification ruling on "Good Luck Strewing Herbs", we require the following information: two (2) additional samples; the product's intended use; whether or not the product is put up packaged in sachets? With respect to your request for a tariff classification ruling on "Relaxing Sleep Herbs", we require the following information: two (2) additional samples with the sachets; does this product always contain the same herbs?; is this product intended for use as an aromatic therapeutic drug? In addition, we require three (3) copies of your catalog. When this information is available, you may wish to resubmit your request.

"Moth Herbs" may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Cornelius Reilly at 212-466-5770.

Sincerely,

Gwenn Klein Kirschner

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