CLA-2-06:OT:RR:NC:2:231
Mr. Randy Swords
Panacea Products Corp.
2711 International Street
Columbus, Ohio 43228
RE: The tariff classification of plant parts used in floral arrangements, from China.
Dear Mr. Swords:
In your letters dated December 24, 2009 and January 12, 2010 you requested a tariff classification ruling.
Four samples accompanied your second letter. Each consists of plant parts put up for retail sale in a small plastic bag with a header card printed with the phrases “Natural Filler,” “flower arranging is fun and easy,” and brief information identifying the specific contents.
Sample #1 consists of dyed burs of cocklebur (Xanthium mongolicum). These are prickly white ovoid objects, roughly 1 to 1½” in length by ½” to 1” in width. They are said to have been blanched and dried, then dyed and dried again.
Sample #2 consists of dyed fruits of sweetgum (Liquidambar formosana), sometimes known as “sweetgum balls.” These are prickly yellowish spheres, roughly ¾” to 1” in diameter. They are said to have been blanched and dried, then dyed and dried again.
Sample #3 consists of sliced betel nuts (Areca catechu). These are thin, round and heart-shaped nut slices having intricate brown-and-white coloration patterns, which are assumed to be naturally occurring. These items are said to have been cleaned with water and then dried.
Sample #4 consists of star anise fruits (Illicium verum) without their seeds. These are star-shaped, empty brown seed pods measuring roughly 1” or less in diameter. They are said to have been cleaned with water and then dried.
You state that all of the above-described items have additionally been fumigated with methyl bromide gas, and that they will be imported for use as decorative filler material. You expect that consumers will buy them from the floral departments of arts & crafts retailers to display in glass bowls, to fill glass vases before inserting silk flowers, to use as a soil cover for potted plants, etc.
The applicable subheading for the dyed cocklebur and dyed sweetgum (items 1 and 2) will be 0604.99.6000, 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: other. The rate of duty will be 7% ad valorem.
The applicable subheading for the sliced betel nuts (item 3) will be 0802.90.9700, HTSUS, which provides for other nuts, fresh or dried, whether or not shelled or peeled: other: other: shelled: other. The rate of duty will be 5 cents per kilogram.
The applicable subheading for the dried, seedless star-anise fruits (item 4) will be 0604.99.3000, 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 requirements 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
The betel nuts are also subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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
National Commodity Specialist Division