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NY D81527




September 4, 1998

CLA-2-14:RR:NC:2:228 D81527

CATEGORY: CLASSIFICATION

TARIFF NO.: 1404.90.0000

Mr. Wayne A. Assaf
American Eucalyptus Corporation
1591 "C" Savannah Highway
Charleston, SC 29407

RE: The tariff classification of eucalyptus mulch from Brazil.

Dear Mr. Assaf:

In your letters dated June 8, 1998, and August 12, 1998, and August 12, 1998, you requested a tariff classification ruling.

Samples, illustrative literature, and a summary of the manufacturing processes were submitted with your second letter. The samples were examined and disposed of. The Eucalyptus Shredded Mulch is composed of pieces of bark of different sizes not exceeding 2 1/2" long and 7/8" in width. Eucalyptus Fiber Mulch consists of fibrous threads with pieces of bark. Eucalyptus Shredded Mulch and Eucalyptus Fiber Mulch are made from eucalyptus bark that is tumbled, washed, dried and shredded or sheared (to separate the bark into fibers), and packed in bags containing 3.3 kilograms, net weight. The mulch is to be used as a ground cover to prevent erosion, stop weeds and grass from surfacing, and as a natural insect repellent.

The applicable subheading for the Eucalyptus Shredded Mulch and Eucalyptus Fiber Mulch will be 1404.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetable products not elsewhere specified or included...other. The rate of duty will be free.

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). You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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,

Robert B. Swierupski
Director,

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