CLA-2-96:OT:RR:NC:N4:425

Mr. Anurag Chopra
Marathon Tools, Inc.
10432 Balls Ford Road, # 300
Manassas, VA 20109

RE: The tariff classification of Areca Palm Leaf dinnerware from India.

Dear Mr. Chopra:

In your letter dated December 29, 2016, but received on January 20, 2017, you requested a tariff classification ruling.

The sample submitted is identified as Disposable, Biodegradable Food Holding Plate (no item number or style number). The sample plate measures approximately 8”x 8” square and is composed only of the dried sheath of the Areca Nut Palm leaf. The plates are produced by pressing the sheath into the plate shape under heat and then trimming off the waste. After pressing into the plate shape, the plates are washed with water and packed. No other process is utilized.

The applicable subheading for the Disposable, Biodegradable Food Holding Plate and Similar Dinnerware Made from the Dried Sheath of Areca Nut Palm Leaf will be 9602.00.5080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Worked vegetable or mineral carving material and articles of these materials; molded or carved articles of wax, of stearin, of natural gums or natural resins, of modeling pastes, and other molded or carved articles, not elsewhere specified or included; worked, unhardened gelatin (except gelatin of heading 3503) and articles of unhardened gelatin: Other, Other.” The rate of duty will be 2.7 percent ad valorem.

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 https://hts.usitc.gov/current.

The palm leaf tableware may be subject to the requirements of the Federal Food, Drug and Cosmetic Act, administered by the U.S. Food and Drug Administration. Questions regarding the FDA requirements may be addressed to the U.S. Food and Drug Administration, 10903 New Hampshire Avenue, Silver Spring, MD 20993, 1-888-INFO-FDA (1-888-463-6332)

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 Wayne Kessler at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division