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NY D80450

August 5, 1998

CLA-2-06:RR:NC:2:231 D80450


TARIFF NO.: 0602.30.0000

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.


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