CLA-2-06:S:N:N7:231 887289
Ms. Marie Rispoli
Arjon MFG. Corporation
100 Hoffman Place
Hillside, New Jersey 07205
RE: The tariff classification of Pot"O"Luck (a bulb kit) from
England.
Dear Ms. Rispoli:
In your letter dated June 11, 1993 you requested a tariff
classification ruling.
The product, Pot"O"Luck, is described as a "genuine "grow your own luck"
4-leaf clover". It consists of a set containing a bulb (Qxalis Deppi), a
plastic pot, an enamel marker and a wire stake.
The applicable subheading for the Pot"O"Luck will be 0601.10.9080,
Harmonized Tariff Schedule of the United States (HTS), which provides for
bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth
or in flower; chicory plants and roots other then roots of heading 1212:
other. The rate of duty will be 5.5 percent ad valorem.
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 (19 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.
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
1201 Corbin Street
Elizabeth, New Jersey 07201
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