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NY 806086





February 16, 1995

CLA-2-67:S:N:N6:343 806086

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

Ms. Wanda Lynch
Fritz Companies, Inc.
P.O. Box 619080
DFW Airport, TX 75261-9080

RE: The tariff classification of floral picks from China.

Dear Ms. Lynch:

In your letter dated January 17, 1995 on behalf of Michael's Stores, you requested a classification ruling.

You have submitted three samples of floral picks. They are intended to be used in fresh, dried, or artificial floral arrangements or with potted plants as an added decoration.

They are identified as item #3DX310, "poinsettia /gift box picks." The three picks are identical except for color. One sample is green and copper; one is green, red and gold and one is green, burgundy and gold. In our opinion the essential character of the item is imparted by the polyester portion of the pick (the textile leaves, textile poinsettia and textile covered balls). The applicable subheading for the "poinsettia/gift box picks" will be 6702.90.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial flowers, foliage, fruit and parts thereof; articles made of artificial flowers, foliage or fruit, of other materials, other, of man-made fibers. The rate of duty will be 9 percent 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,


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