CLA-2-12: RR: NC: SP: 231

Ms. Wendy Sudsinsunthorn
Summit Products, Inc.
7299 Gadsden Hwy.
Trussville, AL 35173

RE: The tariff classification of seed pack sets from China.

Dear Ms. Sudsinsunthorn:

In your letter dated January 29, 2007, you requested a tariff classification ruling.

The merchandise is described thus:

“Garden Girlz seed packet set 1” consists of one packet of “Taro” seeds (Alocasia cucullata (Lour.) G. Don), one packet of clover seeds (Trifolium repens L.) and one packet of annual rye grass seeds (Lolium L.). “Garden Girlz seed packet set 2” consists of one packet of white clover seeds (Trifolium repens L.), one packet of “Taro” seeds (Alocasia cucullata (Lour.) G. Don), and one packet of clover seeds (Trifolium repens L.). The applicable subheading for the clover and white clover seeds will be 1209.22.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for seeds, fruits and spores of a kind used for sowing, seeds of forage plants, clover (trifolium spp.) seed, white and ladino. The rate of duty will be 1.6¢ / kg.

The applicable subheading for the annual rye grass seed, will be 1209.25.0020, HTSUS, which provides for seeds, fruits and spores of a kind used for sowing, seeds of forage plants, rye grass (Lolium multiflorium Lam., Lolium perenne L.) seed, annual. The rate of duty will be 1.4¢ / kg.

The applicable subheading for the “Taro seed” will be 1209.91.8090, HTSUS, which provides for seeds, fruits and spores of a kind used for sowing, other, vegetable seeds, other, other. The rate of duty will be 1.5 ¢ / kg.

This product may be subject to the rules and regulations of the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture. The mailing address is: U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Riverdale, MD 20737. You can also access their website at www.aphis.usda.gov

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division