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NY R04479




August 21, 2006

CLA-2-12:RR:E:NC:SP:231 R04479

CATEGORY: CLASSIFICATION

TARIFF NO.: 1209.30.0090

Ms. Melanie Gould
Paper Garden
PO Box 6
Kimberley, BC
Canada V1A 2Y5

RE: The tariff classification of flower seeds embedded in paper sheets, from Canada.

Dear Ms. Gould:

In your letter dated July 25, 2006, you requested a tariff classification ruling.

You describe the goods in question as sheets of handmade paper (3” x 4” to 5½” x 8½” in size) embedded with seeds. You state that each piece of paper will contain about 75 wildflower seeds and 5 to 10 sheep fescue seeds. The wildflower seeds will be a combination of the following varieties: Cornflower, Scarlet Flax, Blue Flax, Lance-Leafed Coreopsis, Blanket Flower, Annual Baby’s Breath, Shirley Poppy, Black-Eyed Susan, Plains Coreopsis, Tall Evening Primrose, Siberian Wallflower, Clarkia, Farewell To Spring, Rockey Larkspur, Sweet William, Shasta Daisy, California Poppy, Candytuft, Spurred Snapdragon, Chinese Houses, Baby Blue Eyes, Sweet William Catchfly, Sweet Alyssum, Sickled Keeled Lupine, Batchelor Buttons, Cosmos Sensation Mix, African Daisy, Indian Blanket, Yellow Prairie Coneflower, Evening Primrose, Corn Poppy, Gloriosa Daisy, Rocky Mountain Penstemon and Strawflower.

Information displayed on your website indicates that the above-described products are primarily intended to provide the retail consumer with a convenient means of growing flowers. It appears that the paper serves essentially as a carrier for the seeds. The entire sheet can be planted (e.g., in a pot of soil) and watered to obtain results.

The applicable subheading for the seeds embedded in paper will be 1209.30.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for seeds, fruits and spores of a kind used for sowing: seeds of herbaceous plants cultivated principally for their flowers: other than petunia. The general rate of duty will be 1 cent 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/.

These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable regulations 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

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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