CLA-2-12:S:N:N7:231 891758

Mr. Stephen M. Fenty
Can Pac Marketing Inc.
Suite #6
6138 Willow Street
Vancouver, B.C. Canada
V5Z 3S6

RE: The tariff classification of Totem Pole Seeds (a souvenir) from Canada.

Dear Mr. Fenty:

In your letter dated October 20, 1993 you requested a tariff classification ruling. The product, Totem Pole Seeds, is described as a "grow your own Totem Pole". It consists of a set containing 12-15 western red cedar seeds, a peat disc (growing medium), washed sterile gravel and a story book. The applicable subheading for the Totem Pole Seeds will be 1209.99.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for seeds, fruits and spores, of a kind used for sowing: other: tree and shrub. The rate of duty will be free.

Additional requirements may be imposed on this product by the United States Department of Agriculture. You may contact the USDA at:

United States Department of Agriculture Animal and Plant Health Inspection Service 1201 Corbin Street Elizabeth, New Jersey 07201

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