CLA-2-06:RR:NC:2:231 D80450
Mr. John Boomhover
A.N. Deringer, Inc.
P.O. Box 1568
Blaine, WA 98231
RE: The tariff classification and status under the North American Free Trade
Agreement (NAFTA) of rhododendrons from Canada; Article 509
Dear Mr. Boomhover:
In your letter, dated July 10, 1998, on behalf of your client, Burnaby Lake
Greenhouse, Surrey, British Columbia, you have requested a ruling on the status
of rhododendrons from Canada under the NAFTA.
The merchandise is comprised of rhododendrons with pots or baskets, growing
media, and decorations. The rhododendrons, growing media (consisting of peat,
pearlite, pumice, fertilizer, and trace elements), and decorations are sourced
in Canada. The pots and planters (wicker, plastic, or ceramic) are of Chinese
origin.
The applicable tariff provision for the rhododendrons with pots/planters,
growing media, and decorations will be 0602.30.0000, Harmonized Tariff Schedule
of the United States (HTS), which provides for other live plants (including
their roots), cuttings and slips; mushroom spawn, rhododendrons and azaleas,
grafted or not. The general rate of duty will be 2.3 percent ad valorem.
Each of the non-originating materials used to make the rhododendrons with
pots/planters, growing media, and decorations has satisfied the changes in
tariff classification required under HTSUSA General Note 12(t)(6). Upon
compliance with all applicable laws, regulations, and agreements under NAFTA,
articles from Canada classifiable in subheading 0602.30.0000, HTS, will be
subject to a free rate of duty.
This ruling is being issued under the provisions of Part 181 of the Customs
Regulations (19 CFR 181).
This ruling letter is binding only as to the party to whom it is issued and
may be relied on only by that party.
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 Ralph Conte at (212) 466-5759.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division