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NY I88912




November 26, 2002

CLA-2-06:RR:NC:2:231 I88912

CATEGORY: CLASSIFICATION

TARIFF NO.: 0602.90.2000

Mr. Jack Kilmartin
Yamato Transport U.S.A., Inc.
377 Oyster Point Boulevard, Suite 15
South San Francisco, CA 94080

RE: The tariff classification of live orchids from Thailand.

Dear Mr. Kilmartin:

In your letter, dated November 19, 2002, you requested a tariff classification ruling on behalf of your client, Hana Imports Exports.

Your sample is being returned as you have requested.

The submitted sample, “Forever Love,” is a hybrid dendrobium orchid plant contained in a closed, cylindrical, glass jar. The jar measures 2.5 inches in height and 1 5/8 inches in diameter. The plant is a cutting placed in agar. Agar is a jelly-like medium that contains calcium phosphate, potassium nitrate, potassium dihydrophosphate, magnesium sulfate, ammonium sulfate, ferric tartrate, manganese sulfate, and sucrose. While it is in the jar, the cutting will sprout roots and obtain nutrition from the agar. The plant can live in the jar for three months without the addition of water or fertilizer. Then it can be transplanted into a pot with soil. “Forever Love” is part of the producer’s “Life of Love” collection of live gift plants. The collection includes orchids in six different colors, as reflected in the color of the boxes in which they will be imported.

The applicable subheading for orchids will be 0602.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other live plants (including their roots), cuttings and slips; mushroom spawn, other, herbaceous perennials, orchid plants. The rate of duty will be free.

Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:

USDA, APHIS, Plant Protection and Quarantine 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Attention: Permit Unit

The telephone number is (301) 734-8645.

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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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