CLA-2-96:S:N:N1:236 870681

9603.10.4000 9603.10.6000.

Mr. Frank Nussbaumer
Industrias Nidalia S.A.
Apartado Aero 52353
Barranquilla, Colombia

RE: The tariff classification of Broomcorn Whiskbrooms/Brooms and Broomcorn (Sorghum Vulgare Var. Technicum) from Columbia

Dear Mr. Nussbaumer:

In your letter dated December 27, 1991 you requested a tariff classification ruling.

You are particularly concerned with the rates of duty under the "Andean Trade Preference Act." Although the President has signed the Act December 4th, 1991, Columbia must submit it's application expressing it's desire to be designated as a beneficiary country. Before the President designates any country as a beneficiary country for purpose of this title, he shall notify the House of Representatives and the Senate of his intention to make such a designation, together meeting the required considerations entering into such a decision.

As yet, the above requirements have not been met. Information obtain from Washington, D.C. indicates the possibility that the President in concert with the Congress hopes to grant duty-free treatment sometime this year.

Pending action by the President and the Congress, the following items are classified and presently dutiable as follows:

ITEM CLASSIFICATION DUTY

Broomcorn (Sorghum Vulgare Var. Technicum) 1403.10.0000 $11/metric ton

ITEM CLASSIFICATION DUTY

Whiskbrooms of Broomcorn not over 45 cents each 9603.10.1000 8% ad valorem (Subject to Quota)

Whiskbrooms of Broomcorn valued over 45 cents each 9603.10.3000 32% ad valorem

Other Brooms of Broomcorn valued not over 96 cents each 9603.10.4000 8% ad valorem (Subject to Quota)

Other Brooms of Broomcorn value over 96 cents each 9603.10.6000 32% ad valorem This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport