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NY R01446




March 15, 2005

CLA-2-06: RR: NC: 2:231 R01446

CATEGORY: CLASSIFICATION

TARIFF NO.: 0604.99.3000

Ms. Tara Tompkins
Eighteen Karat Int’l Product Sourcing Inc. 5292 272nd St.
Langley, BC
Canada V4W 1S3

RE: The tariff classification of dried decorative fruit and seedpods from the Philippines.

Dear Ms. Tompkins:

In your letter dated February 10 2005, you requested a tariff classification ruling.

The merchandise is described as follows:

“Rattan Fruit”(item # 45525) consists of dried Rattan fruit (Calamus discolour). The fruit will be packed in boxes with polyvinylchloride (PVC) lids, 25 pieces per box and have a net weight of 0.3 kilograms.

“Mahogany Pods”(item # 45526) consists of dried Mahogany Pods (Swietenia Macrophylla King). The pods will be packed in boxes with PVC lids, 10 pieces per box and have a net weight of 0.26 kilograms.

“Mangrove Pods”(item # 45527) consists of dried Mangrove Pods (Heritiera Littoralis Ait). The pods will be packed in boxes with PVC lids, 16 pieces per box and have a net weight of 0.3 kilograms.

In your correspondence, you indicated that the dried fruit and pods are for “decorative use” and will be treated with an insecticide, fungicide and fumigated at the factory prior to importation.

The applicable subheading for the “Rattan Fruit” (item # 45525), “Mahogany Pods”(item # 45526) and “Mangrove Pods”(item # 45527) will be 0604.99.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared, other, other, dried or bleached. The rate of duty will be Free.

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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