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April 14, 1999

CLA-2-06:RR:NC:2:231 D89705


TARIFF NO.: 0602.90.5000

Ms. Diana M. de Montemayor
Diana M. de Montemayor, Inc.
P.O. Box 6001
Laredo, TX 78042-6001

RE: The tariff classification of mushroom spawn from Mexico.

Dear Ms. de Montemayor:

In your letter, dated March 18, 1999, you have requested a tariff classification ruling on behalf of your client, Hongos Michoacanos, S.A. de C.V., Acuitzio del Canje, Mich., Mexico

The submitted sample is a mushroom spawn block. The item is comprised of a pressed, wooden block and mushroom seed in a plastic bag. The block consists of 65 percent sawdust, 20 percent millet, 14 percent wheat bran, and 1 percent gypsum. During the manufacturing process the aforementioned formula is blended with water until a 65 percent moisture level is attained. Then the block is packed into plastic bags weighing 6.5-7.0 pounds. It is pasteurized at 100 degrees Centigrade for four hours, and mushroom seed is added to the contents of the bag. It will be used in the U.S. to reproduce shiitake mushroom.

The applicable subheading for the mushroom spawn block will be 0602.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other live plants (including their roots), cuttings and slips; mushroom spawn, other, other, mushroom spawn. The general rate of duty will be 1.5 cents per kilogram.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (212) 637-7064.


Robert B. Swierupski

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