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NY 806098




February 17, 1995

CLA-2-67:S:N:N6:343 806098

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 Michaels Stores, you requested a classification ruling.

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

The pick assortment is identified by item #H240843X, "Xmas pick asst. in 3 styles." The picks appear to be similar. They are in burgundy, gold and green. The assortment consist of three styles. Style H240840 is composed of a polyester poinsettia with a plastic center, a natural pine cone, plastic berries, a plastic evergreen branch, and a small plastic apple. It also has five polyester textile leaves and a plastic covered wire stem.

Style H240841 is the same as H240840 except that the apple is replaced by a small textile bag tie with a gold cord. Style H240843 has a textile covered styrofoam ball instead of the plastic apple or the textile bag. In our opinion, the essential character of these items is imparted by the textile component.

The applicable subheading for item # H240843X, "Xmas pick asst. in 3 styles." 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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