CLA-2-96:OT:RR:NC:2:236

Mr. Ralph M. Navedo
Carmichael International Service
20 W. Lincoln Ave. Suite 300
Valley Stream, N.Y. 11580

RE: The tariff classification of 100% Palm Leaves Verterra Dinnerware from India

Dear Mr. Navedo:

In your letter dated July 16, 2009, on behalf of your client, VerTerra Limited, you requested a tariff classification ruling.

Your descriptive literature states that the Palm Leaves Verterra Dinnerware is made from gathered palm leaves pressed together by a heat and steam process and shaped into plates, bowls and trays of various sizes. They are biodegradable, compostable and a renewable source and are both microwaveable and oven safe.

The applicable subheading for the Palm Leaves Verterra Dinnerware will be 9602.00.5080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Worked vegetable or mineral carving material and articles of these materials; molded or carved articles of wax, of stearin, of natural gums or natural resins, of modeling pastes, and other molded or carved articles, not elsewhere specified or included; worked, unhardened gelatin (except gelatin of heading 3503) and articles of unhardened gelatin: Other, Other . The rate of duty will be 2.7 percent ad valorem.

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/.

The palm leaf tableware may be subject to the requirements of the Federal Food, Drug and Cosmetic Act, administered by the U.S. Food and Drug Administration. Questions regarding the FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park MD 20740-3835, telephone number (202) 418-3412.

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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division