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NY B89814




September 22, 1997

CLA-2-06:RR:NC:2:231 B89814

CATEGORY: CLASSIFICATION

TARIFF NO.: 0602.90.6090

Mr. David Reed
Great Lakes Customs Brokerage, Inc.
85 River Rock Drive, Suite 202
Buffalo, NY 14207

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of cacti from Canada; Article 509

Dear Mr. Reed:

In your letter, dated September 15, 1997, on behalf of your client, Sorensen Greenhouses, Inc., Ruthven, Ontario, you requested a ruling on the status of cacti from Canada under the NAFTA.

The products are ornamental, potted cacti for home decoration, with soil attached to their roots. The cacti are 2 inches to 5 inches in height. In your correspondence you indicate that the cacti will be grown in Canada from the seed stage to full maturity.

The applicable subheading for the ornamental, potted cacti, with soil attached to their roots, will be 0602.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for other live plants (including their roots), cuttings and slips; mushroom spawn, other, other, other, with soil attached to roots, other. The general rate of duty will be 1.9 percent ad valorem.

The cacti, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 0.3 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party. 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,

Robert B. Swierupski
Director

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