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NY M87092




October 20, 2006

CLA-2-12: RR: NC: SP: 231 M87092

CATEGORY: CLASSIFICATION

TARIFF NO.: 1209.25.0040

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification of MYKE ® grass seed mixture from Canada.

Dear Mr. Kavanaugh:

In your letter dated October 03, 2006 on behalf of your client Premier Tech Biotechnologies, you requested a tariff classification ruling.

The product is a grass seed mixture with a mycorrhizal fungus (Glomus intraradices) based plant growth supplement. The grass seed is composed of approximately 20 percent Winterhawk perennial ray grass, 20 percent Nighthawk perennial ray grass, 20 percent Shamrock Kentucky bluegrass, 30 percent Boreal creeping red fescue, 10 percent Cascade chewing fescue and less than 1 percent Mycorrhizal fungus spores. For tariff classification purposes, this product will be regarded as a “mixture” whose essential character is imparted by the perennial rye grass.

Accordingly, the applicable subheading for the MYKE ® grass seed mixture, will be 1209.25.0040, Harmonized Tariff Schedule of the United States (HTSUS) which provides for seeds, fruits and spores, of a kind used for sowing, seeds of forage plants, rye grass (Lolium multiflorium Lam., Lolium perenne L.) seed, perennial. The general rate of duty will be 1.4¢ / kg.

This product may be subject to the rules and regulations of the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture. The mailing address is: U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Riverdale, MD 20737. You can also access their website at www.aphis.usda.gov

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/.

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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