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NY 811388




July 7, 1995

CLA-2-67:S:N:N6:343 811388

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000

Ms. Michelle I. Smith
Sears Merchandise Group
BC204A
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of grape vine bow with artificial foliage from China.

Dear Ms. Smith:

In your letter dated May 30, 1995, you requested a tariff classification ruling.

You have submitted a sample of stock number 91137 which you call a gold frost fantasy grape vine bow. It consists of a bow shaped article of natural plating materials. The bow is decorated a with substantial amount of artificial foliage and fruit. This includes plastic fern leaves, plastic artificial pine branches and plastic fruit. The item also includes two man made fiber leaves and a short length of man made fiber ribbon. Your sample is being returned as you requested.

You have suggested classification in subheading 4420.10.0000, HTS (statuettes and other ornaments of wood) In our opinion the grape vine bow does not impart the essential character to the samples. We find that they do not have a clear essential character. The artificial foliage portion is as essential as the bow portion. Following GRI 3(c) these items are classifiable in heading 6702.

The applicable subheading for the gold frost grape vine bow, stock number 91137, will be 6702.10.2000, Harmonized Tariff Schedule of the United States (HTS),which provides for artificial flowers, foliage and fruit and parts thereof, articles made of artificial flowers, foliage or fruit, of plastics, assembled by binding with flexible material such as wire, paper, textile material or foil or by gluing or by similar methods. The rate of duty will be 8.4 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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