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NY K89740




October 5, 2004

CLA-2-06: RR: NC: 2:231 K89740

CATEGORY: CLASSIFICATION

TARIFF NO.: 0602.90.5000

Ms. Kelly Morrison
Metropolis Customs Brokers, Inc.
156-15 146th Avenue (Suite 110)
Jamaica, NY 11434

RE: The tariff classification of mushroom spawn and Shiitake substrate from France.

Dear Ms. Morrison:

In your letter dated September 17, 2004, on behalf of your client Mushroom Supply & Services, Inc., you requested a tariff classification ruling.

The two submitted samples are described as follows:

Item # 1 Mushroom Spawn, is comprised of eight ounces of sterilized rye grain mushroom spawn (seed) medium in a plastic bag. The spawn is used to produce mushrooms of the species Agaricus Bisporus.

Item # 2 Shiitake substrate is comprised of six ounces of loose Shiitake substrate (spawn and growing medium) in a plastic bag. The substrate consists of pasteurized wheat straw and sawdust that has been inoculated with Shiitake spawn.

The applicable subheading for the Mushroom Spawn and Shiitake substrate will be 0602.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other live plants (including their roots), cuttings and slips; mushroom spawn, other, other, mushroom spawn. The rate of duty will be 1.4 cents per kilogram.

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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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