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NY 811974



July 19, 1995

CLA-2-67:S:N:N6:343 811974

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.4000

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

RE: The tariff classification of artificial foliage pick from China.

Dear Ms. Lynch:

In your letter dated June 15, 1995, on behalf of your client Michaels Stores, Inc., you requested a tariff classification ruling.

You have submitted a sample of artificial foliage pick that is identified as item no. MS147-B. The pick is composed of polyester leaves, two natural pine cones, plastic fruit and 6 sprays of plastic berries on a plastic coated wire stem. It is in chief value of plastic. In our opinion the plastic component gives the spray its essential character.

The applicable subheading for the artificial foliage pick will be 6702.10.4000, 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: other, including parts. The rate of duty will be 3.4 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,

Jean F. Maguire
Area Director
New York Seaport

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