CLA-2-14:OT:RR:NC:N4:231
Mr. Sudheer Chikkere
Ecoiria LLC
60 Parkridge Dr., #7
San Francisco, CA 94131
RE: The tariff classification and country of origin marking of a coco peat/perlite growing medium from India.
Dear Mr. Chikkere:
In your letter dated September 15, 2015, together with an undated follow-up submission received here on October 27, 2015, you requested a tariff classification and marking ruling.
The product in question is described as a soilless growing medium consisting of a mixture of 70% “coco peat” (coir pith obtained from coconut husks) and 30% perlite. It is intended for use in lawn/garden/horticultural applications. A submitted sample consists of a powdery brown substance (the coco peat) in which hard white granules (perlite) are dispersed. The mixture will be imported in bags or totes of various sizes.
The applicable subheading for the above-described coco peat/perlite mixture will be 1404.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetable products not elsewhere specified or included: other: other: other. 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/.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
Accordingly, the imported bags and totes containing the subject growing medium should be individually marked with a phrase such as “Product of India” or “Made in India” in a manner consistent with the guidance set forth in the foregoing paragraphs.
This merchandise may be subject to regulations 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
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 the email address [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division