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NY M87367




November 13, 2006

CLA-2-69:RR:NC:1:126 M87367

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9740, 6912.00.5000, 9601.90.2000

Mr. Brian J. White
Williams-Sonoma, Inc.
151 Union Street
7th Floor
San Francisco, CA 94111

RE: The tariff classification of three types of botanicals from Thailand

Dear Mr. White:

In your letter dated October 10, 2006, you requested a tariff classification ruling. Three representative samples were submitted and will be returned to you as requested.

The subject merchandise, which you refer to as “West Elm Bottled Botanicals”, consists of the three types of bottled botanicals:

Item number 8701617 - “Stone Biscuits” - consists of ceramic (stoneware) shaped stones packed in a glass bottle.

Item number 8701609 - “Shells” - consists of natural Ark seashells (Genus arca sp.) packed in a glass bottle.

Item number 8823247 - “Shola Slices” - consists of thin (1 or 2 mm thick) slices of the shola shrub (Aeschynomene aspera) packed in a glass bottle.

You state in your letter that each of these products is imported and marketed as a scent carrier for various diffuser oils (not imported together). Each of these products is packaged in an ordinary clear glass bottle that will be discarded or recycled once the botanicals are used.

The applicable subheading for item number 8701617 - “Stone Biscuits” - will be 6912.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for item number 8701609 - “Shells” - will be 9601.90.2000, HTSUS, which provides for "worked ivory, bone, tortoise-shell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by molding): other: worked shell and articles thereof." The rate of duty will be free.

The applicable subheading for item number 8823247 - “ Shola Slices” - will be 4421.90.9740, HTSUS, which provides for other articles of wood. The rate of duty will be 3.3 percent ad valorem.

Articles classifiable under subheading 4421.90.9740 and 6912.00.5000, HTSUS, which are products of Thailand, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

It should be noted that importations of merchandise containing natural plant materials, as in the above-described product, might be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS). You are advised, in regard to obtaining specific information on these regulations, to contact the aforementioned agency at the following location:

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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