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NY N023845




March 12, 2008

CLA-2-48:OT:RR:NC:2:234

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.70.0000

Mr. Leonid Skoblov
Areanda L.L.C.
1001 NE 152nd Avenue
Vancouver, WA 98684

RE: The tariff classification of bio-degradable materials from China and Vietnam

Dear Mr. Skoblov:

In your letter dated February 21, 2008 you requested a tariff classification ruling.

In your letter you are requesting classification for several different products made from biodegradable materials. The designated items are tableware, garbage bags, shopping bags and cutlery. You submitted one sample of a plate which measures approximately 7 inches in diameter for our examination. You state in your letter that the products are not made of plastics, but of plant fibers and starch (corn, sugar cane, potatoes, rice) with a small addition of glues and resins. You also state in your letter that the tableware items include bowls, plates, cups, lids and lunch boxes.

The applicable subheading for the tableware will be 4823.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for molded or pressed articles of paper pulp. 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/.

 This merchandise may be subject to regulations administered by the U. S. Food and Drug Administration (FDA). You may contact that agency at 5600 Fishers Lane, Rockville, MD 20857, telephone (3201) 443-6553.

Your inquiry does not provide enough information for us to give a classification ruling on the garbage bags, shopping bags and cutlery, at this time. Your request for a classification ruling should include samples, a step-by-step description of the manufacturing process, and an indication if the materials become polymerized. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Patricia Wilson at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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