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NY M82295




May 26, 2006

CLA-2-46:RR:NC:2:230 M82295

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800; 0703.20.0010

Mr. Eli Taniguchi
SST International, Inc.
10415 S. La Cienega Blvd.
P.O. Box 45347
Los Angeles, CA 90045

RE: The tariff classification of garlic bulbs in a cornhusk basket from China

Dear Mr. Taniguchi:

In your letter dated April 25, 2006, on behalf of Global Farms Enterprises Inc., you requested a tariff classification ruling.

A ruling was requested on a prospective importation of fresh garlic bulbs in a basket. The country of origin is China. A sample of the basket packaged in a bag of plastic netting was submitted. A note inside the basket states that “3 bulbs of garlic will be in here at time of import.” The basket is rectangular and measures approximately 4-1/2” x 3” x 2” high. It is made of bundles of strips of cornhusk interwoven together with twisted strips of cornhusk.

The cornhusk basket is not the normal packing for the garlic. Baskets are generally marketed empty and are separate, distinct products of commerce. The fresh garlic and the woven cornhusk basket are classifiable separately. The bag of netting is packing material, to be prorated over the value of the garlic and the basket.

The applicable subheading for the cornhusk basket will be 4602.10.1800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials . . . : Of vegetable materials: Other baskets and bags, whether or not lined: Other (than bamboo, willow, rattan or palm leaf): Other (than wickerwork). The rate of duty will be 4.5 percent ad valorem.

The applicable subheading for the fresh garlic bulbs will be 0703.20.0010, HTSUS, which provides for: Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled: Garlic: Fresh whole bulbs. The rate of duty will be 0.43 cents per kilogram.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The fresh garlic may be subject to antidumping duties and/or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by U.S. Customs and Border Protection.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

The sample basket 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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