CLA-2-12:OT:RR:NC:N2:228
Mr. Peter Salvato
Import Commodity Group Ltd.
500 Merrick Road
Lynbrook, NY 11563
RE: The tariff classification of a plant-growing kit from China
Dear Mr. Salvato:
In your letter dated August 28, 2015 you requested a tariff classification ruling on behalf of Penn-Plax, Inc., NY.
A sample of the product accompanied your letter. The sample was examined and is being returned as requested. “Daily Diner Rodent’s Grass” is a plant-growing kit composed of approximately 13 grams of ryegrass seeds in a sealed plastic bag contained within another sealed plastic bag of approximately 50 grams of vermiculite growing medium (vermiculite, fiber, protein, ash, and fat). These two bags are then put up in a plastic tray (5” x 7” x 1¼”) as a set for retail sale for growing the so-called rodent’s grass.
The applicable subheading for the rodent grass product, if the ryegrass is annual, will be 1209.25.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for seeds, fruits and spores of a kind used for sowing . . . seeds of forage plants . . . rye grass (Lolium multiflorium Lam., Lolium perenne L.) seeds . . . annual. If the ryegrass is perennial, the applicable subheading will be 1209.25.0040, HTSUS. In both cases, the general rate of duty will be 1.4 cents per kilogram.
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 the World Wide Web at http://www.usitc.gov/tata/hts/.
Seeds may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS). You may contact this agency for further information at (877) 770-5990. You may also access their website at www.aphis.usda.gov.
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 Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division