CLA-2:OT:RR:NC:N2:231
Ms. Morgane Lebon
Meamea
175 Avenue de la Capelado
Castries 34160
France
RE: The tariff classification of Preserved Reindeer Moss
Dear Ms. Lebon:
This is in response to your letter dated December 14, 2021, requesting a ruling on tariff classification, marking, and country of origin for Preserved Reindeer Moss.
You present a scenario in which Preserved Reindeer Moss (Cladonia Stellaris) is grown in Ukraine, processed in Georgia, and then shipped from France to the United States. The product’s use is described as a plant and flower decoration exclusively for indoor purposes.
The applicable subheading for the Preserved Reindeer Moss (Cladonia Stellaris) is 0604.90.1000, 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: Mosses and lichens.” The rate of duty is free.
Please note that modifications to the Harmonized Tariff Schedule of the United States (HTSUS) [to align the HTSUS on the 2022 version of the Harmonized Commodity Description and Coding System] pursuant to Section 1206 of the Omnibus Trade and Competitiveness Act of 1988 are forthcoming. These modifications, made by Presidential Proclamation 10326 and set forth in Annexes I, II.A, and II.B of U.S. International Trade Commission Publication 5240, will be effective on January 27, 2022. To the extent that the modifications to the HTSUS impact the classification of the merchandise subject to this ruling, you may submit a new ruling request at that time.
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 regulations 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: 1-877-770-5990
In your letter, you also requested Marking and Country of Origin determinations. You did not submit sufficient information; hence this office was unable to address those specific issues. If you wish to resubmit, please provide the following information in a narrative form and/or flowchart regarding the product for which you seek a Marking and Country of Origin ruling:
Describe the processing performed on the item, to include a detailed account from raw state to finished product, and with specific and detailed descriptions of the location of all production processes from Ukraine to Georgia and France.
Designate in which country each of the ingredients originate, to include where the ingredients are grown, sourced, treated, handled, manufactured, etc.
State all processing that is performed in each country to produce the finished item.
Lastly, provide a pictorial representation of the box and label that you anticipate using to mark the intended import.
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