CLA-2-14:OT:RR:NC:2:228
Mr. John B. Petrie
Ziggy’s Tobacco & Novelty
P.O. Box 729
Rutland, MA 01543
RE: The tariff classification of Amico® Brand Sweet Palm Tubes from Singapore
Dear Mr. Petrie:
In your letter dated April 21, 2010, you requested a tariff classification ruling. A sample submitted with your letter was examined and disposed of.
The product is described as ready-made tobacco tubes made from the leaf of the Cordia dichotoma Forst. tree. The leaf is moistened and rolled into the shape of a hollow tube approximately five (5) inches long and three-sixteenths (3/16) inch in diameter, at the top of which is a corn husk “filter” covered by the leaf. Once dried, the tubes are cellophane wrapped and placed into a cardboard box for retail sale. You also stated in your submission that this product will also be imported in bulk form with no outer cellophane wrapping for repackaging by distributors post-importation.
The applicable subheading for the sweet palm tubes will be 1404.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetable products not elsewhere specified or included: Other: Other: Other. 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 is 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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
This product may be subject to additional restrictions imposed by the Department of Agriculture and/or the Food and Drug Administration. It is suggested you contact that agency directly for further information.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.
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 Stanley Hopard at (646) 733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division