NY 846494

November 15,1989


CLA-2-06:S:N:N1:231

Mr. Gilbert W. Allen
G.W. Allen Nursey Ltd.
R.R. 2, Centreville, Kings Co.
N.S., Canada

RE: The tariff classification of bare rooted strawberry plants from Canada.

Dear Mr. Allen:

In your letter dated October 19, 1989 you requested a tariff classification ruling. The product is described as bare rooted strawberry plants (Botanical name-Frageria) which bear edible fruit (strawberrys).

The applicable subheading for the bare rooted strawberry plants will be 0602.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for trees, shrubs and bushes, grafted or not, of kinds which bear edible fruit or nuts. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport