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NY H85702




February 19, 2002

CLA-2-46:RR:NC:2:230 H85702

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.8000

Mr. David E. Thompson
GHY USA, Inc.
572 South Fifth Street, Suite 2
Pembina, ND 58271

RE: The tariff classification of a “straw waddle” for erosion control from Canada

Dear Mr. Thompson:

In your letter dated January 15, 2002, on behalf of your client, Erosion Control Blanket.com, you requested a tariff classification ruling.

The ruling was requested on a product called a “straw waddle.” A sample of the product was submitted. It consists of a mass of loose short pieces of straw held together in a plastic net. The product is in the form of an elongated roll measuring approximately 18 inches long and 6 inches in diameter. It will be imported in various sizes. The “straw waddle” is put in drainage ditches and similar places and is used to control soil erosion.

The applicable subheading for the “straw waddle” will be 4602.10.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles made from plaiting materials, of vegetable materials, other, other, other. The general rate of duty will be 2.3 percent ad valorem.

The importation of this product may be subject to regulations administered by the U. S. Department of Agriculture (USDA). Inquiries may be directed to that agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737
Tel. (301) 734-8645 or (301) 734-8896

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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