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NY R00262




April 23, 2004
CLA-2-14:RR:NC:SP:230 R00262

CATEGORY: CLASSIFICATION

TARIFF NO.: 1401.10.0000

Mr. Shazard Mohammed
The Bamboo Shak, Inc.
17953 SW 114th Ave.
Miami, FL 33157

RE: The tariff classification of bamboo poles from Trinidad.

Dear Mr. Mohammed:

In your letter dated April 7, 2004, you requested a tariff classification ruling. Drawings and an explanation accompanied your request.

The goods in question are bamboo poles (i.e., natural stalks), generally about 3 inches thick and 12 feet long, to be imported both whole and split in half. You explain that you are in the process of opening a new restaurant/gift shop, and that the imported bamboos will be used in decorating the premises and also as a raw material for craft supplies to be sold in the shop.

You state further that prior to exportation to the United States, the bamboo will be trimmed of all buds, dried, and treated against infestation.

The applicable subheading for the imported bamboo poles, whether whole or split, will be 1401.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetable materials of a kind used primarily for plaiting: Bamboos. The rate of duty will be Free.

The importation of the merchandise discussed in this ruling may be subject to regulations administered by the U.S. Department of Agriculture (USDA). Inquiries may be directed to that agency at the following location:

USDA
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737
Tel. (301) 734-8645 or (301) 734-8896

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 Customs 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 Bureau of Customs and Border Protection.

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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