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NY K89154




September 22, 2004

CLA-2-44:RR:NC:2:230 K89154

CATEGORY: CLASSIFICATION

TARIFF NO.: 4419.00.8000

Ms. Lisa V. Waller
BDG International, Inc.
846 Foster Avenue
Bensenville, IL 60106

RE: The tariff classification of a laminated bamboo plate from China

Dear Ms. Waller:

In your letter dated August 24, 2004, on behalf of the importer, Sweetheart Cup Co. Inc., D.B.A. Fonda Group, A.K.A. Creative Expressions, you requested a tariff classification ruling.

The ruling was requested on a disposable bamboo plate. A sample of the plate along with a description of how it was manufactured was submitted. The sample is a 7” diameter undecorated plate with a flat 1” rim. The plate is made from laminated bamboo sheets. The laminated bamboo is manufactured by joining three thin layers of continuous bamboo veneer sheets together with heat and glue. The plate is molded to shape by pressing the laminated bamboo over a mold with heat. The plate is dried and fumigated at high temperatures to make it safe for food.

You suggested classification of the subject bamboo plate in subheading 4602.10.3500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles made from plaiting materials, of one or more of the materials bamboo, rattan, willow or wood. However, Chapter 46, Note 1, HTSUSA, states that the term “plaiting materials” in this chapter means materials in a state or form suitable for plaiting, interlacing or similar processes. The laminated bamboo material that the subject plate is made from is not in a form suitable for plaiting. Consequently, none of the subheadings of chapter 46 apply.

We refer instead to Chapter 44, Note 6, HTSUSA, which states that any reference to “wood” in this chapter applies also to bamboo and other materials of a woody nature.

The applicable subheading for the subject plate made from laminated bamboo veneer sheets will be 4419.00.8000, HTSUSA, which provides for other tableware and kitchenware, of wood. The rate of duty will be 3.2 percent ad valorem.

The bamboo plate may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857.

The sample submitted was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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