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NY C89338

July 17, 1998

CLA-2-44:RR:NC:SP:230 C89338


TARIFF NO.: 4401.10.0000; 4401.22.0000; 1404.90.0000

Mr. Wayne A. Assaf

American Eucalyptus Corporation

1591 "C" Savannah Highway

Charleston, SC 29407

RE: The tariff classification of fire logs, wood chips and bark from Brazil.

Dear Mr. Assaf:

In your letter dated June 8, 1998, you requested a tariff classification ruling. Illustrative literature on five products was submitted and will be retained for reference.

"Eucalyptus Firelogs" are cut sections of eucalyptus tree branches. They are said to be dried, natural products with a diameter of about 3" and a length of about 15". They will be sold for use as wood to be burned in non-gas fireplaces.

The applicable subheading for the "Eucalyptus Firelogs" will be 4401.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for fuel wood, in logs, in billets, in twigs, in faggots or in similar forms. The rate of duty will be free.

"Eucalyptus Chips" are obtained from the chipping of de-
barked eucalyptus logs. They are described as 2" x 3" x 3/8" "diagonal cut chips" which will be put up in bags and sold for use as mulch or ground cover.

The applicable subheading for the "Eucalyptus Chips" will be 4401.22.0000, HTS, which provides for wood in chips or particles: non-coniferous. The rate of duty will be free.

"Eucalyptus Bark" is described as 3 1/2" x 2" x 1/4" curved bark pieces collected from eucalyptus trees. It will be put up in bags and sold for use as mulch or ground cover.

The applicable subheading for the "Eucalyptus Bark" will be 1404.90.0000, HTS, which provides for other vegetable products not elsewhere specified or included. The rate of duty will be free.

The products discussed in this ruling may be subject to regulations administered by the United States Department of Agriculture (USDA). For further information, you may contact that agency directly at the following location:



4700 River Road, Unit 136

Riverdale, MD 20737-1236

Your inquiry does not contain sufficient information for us to rule on the "Eucalyptus Fiber Mulch" or the "Eucalyptus Shredded Mulch." If you wish to pursue a ruling on those items, please submit a sample of each, and give breakdowns indicating the relative percentages, by weight, of wood and bark. Also, provide a more detailed explanation of the derivation/ processing of each product.

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 Paul Garretto at 212-466-5779.


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