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NY L83105




March 17, 2005

CLA-2-96:RR:NC:SP:236 L83105

CATEGORY: CLASSIFICATION

TARIFF NO.: 9602.00.5000

Mr. Gaurav Nanda
EcoCrates
4085 Winter Drive
Shelby Twp, MI 48316

RE: The tariff classification of Palm Leaf Plates from India

Dear Mr. Nanda:

In your letter dated February 18, 2005, you requested a tariff classification ruling.

The sample submitted, Palm Leaf Plates, are disposable plates made from the leaf sheath of a palm tree. The palm leaf plates are manufactured in India. The plate is made from the dried leaf of the Areca Catechu Linn plant. The semi-wet sheaths are place in a thermoforming machine. The leaf is kept under pressure in order to permanently retain the shape of the plate mould. A specialized baking and sterilization process ensures that the plates are hygienic and suitable for serving food.

The applicable subheading for the Palm Leaf Plates will be 9602.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Worked vegetable or mineral carving material and articles of these materials; molded or carved articles of wax, of stearin, of natural gums or natural resins, of modeling pastes, and other molded or carved articles, not elsewhere specified or included; worked, unhardened gelatin (except gelatin of heading 3503) and articles of unhardened gelatin: Other. The rate of duty will be 2.7 percent ad valorem.

The Palm Leaf Plates may be subject to the requirements of the Federal Food, Drug and Cosmetic Act, administered by the U.S. Food and Drug Administration. Questions regarding the FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park MD 20740-3835, telephone number (202) 418-3412.

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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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