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NY B88874




August 27, 1997

CLA-2-7:RR:NC:2:228 B88874

CATEGORY: CLASSIFICATION

TARIFF NO.: 0709.90.9000

Mr. Rod Flegenheimer
William A. Flegenheimer
11048 South La Cienega Blvd.
Inglewood, CA 90304

RE: The tariff classification of wild rice stems from China

Dear Mr. Flegenheimer:

In your letters dated July 15, 1997 and August 14, 1997, on behalf of Produce Club, Upland, California, you requested a tariff classification ruling.

A sample, submitted with each letter, was examined and disposed of. The imported product is the stem of the plant Zizania latifolia, also known as chai pai shoots, Chinese wild rice stems, water oats, or edible grass stem. It will be imported fresh, packed in wooden or cardboard boxes. After importation, the leaves are removed, and the product is sliced, cooked, and served as a vegetable.

The applicable subheading for the wild rice stems will be 0709.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other vegetables, fresh or chilled... other...other. The rate of duty will be 22.5 percent ad valorem. The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

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 Stanley Hopard at 212-466-5760.

Sincerely,

Gwennn Klein Kirschner
Chief, Special Products Branch

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