CLA-2-06:OT:RR:NC:N2:231
Ms. Susanne Gellert
German American Chamber of Commerce, Inc.
80 Pine Street
24th Floor
New York, NY 10005
RE: The tariff classification of Infinity Rose Flower Box from Germany
Dear Ms. Gellert:
In your letter dated October 25, 2019, you requested a tariff classification ruling on behalf of Soeller, Radtke und Krieg GbR (Schonungen, Germany). The sample submitted with your inquiry will be returned per your request.
The subject merchandise is the Infinity Rose Flower Box. The product is a cardboard box that contains four roses affixed to sponge, a greeting card, an instruction card, an envelope, and a single ribbon. You have stated that the bouquet consists of fresh roses treated with a mixture glycerine and coloring agents that serve to extend the durability of the product.
General Rule of Interpretation (GRI) 3(b) of the Harmonized Tariff Schedule states that goods put up in sets for retail sale are to be classified as if they consisted of the material or component which gives them their essential character. Of the several components, that forms the product at issue, only the roses are indispensable with relation to the set’s use as it represents the sole reason one would purchase the product. The component that imparts the essential character of the intended import is the roses.
The applicable subheading the Infinity Rose Flower Box will be 0604.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared: Other: Other: Other." The rate of duty will be 7% ad valorem.
Pertaining to your inquiry on admissibility, the importation of these goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this 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
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 https://hts.usitc.gov/current.
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division