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NY N018523




November 2, 2007

CLA-2-06:OT:RR:NC:SP:231

CATEGORY: CLASSIFICATION

TARIFF NO.: 0604.99.3000

Mr. Ray Reynolds
Lee Hardeman Customs Broker, Inc.
P.O. Box 45545
Atlanta, GA 30320-0545

RE: The tariff classification of decorative “broom grass” from the Philippines.

Dear Mr. Reynolds:

In your letter dated October 8, 2007, you requested a tariff classification ruling on behalf of Star Home Décor USA, LLC (Marietta, GA). A sample was submitted for our examination.

The product (item # 40600) is a bundle consisting of about 25 four-foot-long pieces of vegetable material identified as “broom grass” (Thysanolaena maxima). Each piece is rod-like at one end, roughly 1/8-inch in diameter, but splits up naturally into numerous fine strands at the other. The bundle, which is bound by a loop of vegetable material near the “base” end, has been packed within a clear cellophane sleeve. You state that the grass has been treated with fungicide and insecticide before being dried in the sun, but is otherwise natural. You state further that the product will be imported solely for use as a “floral decoration in homes, etc.” The sample, which tends to splay out at its stranded end, appears to be suitable, as presented, for ornamental display as a bouquet-like article.

The applicable subheading for the above-described # 40600 bundle of dried “broom grass” will be 0604.99.3000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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 that 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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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