NY 872531

April 7,1992


CLA-2-06:S:N:N1:231 872531

Ms. Patricia D. Steckman
The Pillsbury Company
200 South 6th Street
Minneapolis, MN 55402-1464

RE: The tariff classification of asparagus nursery stock from Israel.

Dear Ms. Steckman:

In your letter dated March 12, 1992 you requested a tariff classification ruling.

The product, asparagus nursery stock (Asparagus officinalis), is described as immature plantlets approximately 7 inches long and 1 inch wide. The 7 inches is comprised of 2 inches green stem and 5 inches white root. The purpose of these plantlets are as breeding stock and will not be used in field production. The plantlets will be free of soil.

The applicable subheading for the asparagus nursery stock will be 0601.20.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for bulbs, tubers, tuberous roots, corms, crowns and rhizomes, in growth or in flower; chicory plants and roots: other. The duty rate will be 2.2 percent ad valorem. Articles classifiable under subheading 0601.20.9000, HTS, which are products of Israel are entitled to duty free treatment under the United States-Israel Free Trade Area Implementation Act upon compliance with all applicable regulations.

Additional requirements may be imposed on this product by the United States Department of Agriculture. You may contact the USDA at:

United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Hyattsville, Maryland 20782

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