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NY 811787





July 12, 1995

CLA-2-67:S:N:N6:343 811787

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

Mr. Donald Hilbinger
The Beistle Company
P.O. Box 10
Shippensburg, PA 17257-0010

RE: The tariff classification of a carnation pick and an artificial flower lei from China.

Dear Mr. Hilbinger:

In your letter dated June 13, 1995 you requested a tariff classification ruling.

You have submitted two samples. One is a green carnation pick. You state that it is primarily used as a boutonniere for St. Patrick's Day celebrations. The second item is a Hawaiian lei which you state is used at luau theme parties. Both are part of your line of party goods and seasonal decorations. You suggest classification under heading 9505 as festive articles. The flower portion of each item is made of polyester.

Artificial flower picks and artificial flower leis are not traditionally associated with any festivity. They are classifiable in subheading 6702.

The applicable subheading for the carnation pick and the flower lei 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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