CLA-2-06:OT:RR:NC:N2:231
Mr. Robert Decker
Mitsubishi Logistics America Corp.
11934 South La Cienega Blvd.
Hawthorne, CA 90250
RE: The tariff classification of dried, pressed flowers and clover from Japan.
Dear Mr. Decker:
In your letter dated July 31, 2012, you requested a tariff classification ruling on behalf of Mishima Foods USA (Torrance, CA).
The items in question are dry, pressed flowers (roses and cosmos) and clover intended to be used as “edible decorations for pastries and the like.” Samples submitted with your inquiry appear to be dried, pressed, natural blossoms and petals, and, in the case of the clover, a flowerless leaf cluster with its stem. Accompanying illustrative literature shows these items placed on various food products as colorful garnishes.
The applicable subheading for the dried, pressed roses and cosmos will be 0603.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared: other. The rate of duty will be 4% ad valorem.
The applicable subheading for the dried, pressed clover will be 1214.90.0030, HTSUS, which provides for rutabagas (swedes), mangolds, flower roots, hay, alfalfa (lucerne), clover, sainfoin, forage kale, lupines, vetches and similar forage products, whether or not in the form of pellets: other: clover. 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/.
These goods are subject to regulations and/or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable requirements at the following location:
U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit
4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990
These goods may also be 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division