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NY A80915



March 27, 1996

CLA-2-67:RR:NC:TP:343 A80915

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.6500

Mr. Marcio F. Fajardo
Meston And Brings, Inc.
P. O. Box 24363
Seattle, WA 98124

RE: The tariff classification of floral-type pick artificial flowers from China.

Dear Mr. Fajardo:

In your letter dated February 29, 1996, on behalf of your client Tapscott's, Inc., you requested a tariff classification ruling.

You have submitted a sample of artificial flowers that is identified as style # P-77/1020d. This sample contains two floral-type picks of artificial flowers that are identified as item (a) and (b).

Item (a) floral-type pick contains one plastic walnut, two plastic peanuts, one cluster of mini mushrooms, six real nuts, one pine cone, three polyvinyl chloride (pvc) spruce branches that have been twisted with wire and five woven polyester laurel leaves. These items are tied with metal wire and snapped on a plastic coated wire stem.

Item (b) floral-type pick contains one pine cone, one natural mini log, one bundle of grapevine twigs, one plastic walnut, three polyvinyl chloride (pvc) spruce branches that have been twisted with wire, one styrofoam mushroom and three woven polyester holly leaves. These items are tied with metal wire and snapped on a plastic coated wire stem.

You suggest classification in subheading 0604.99.3000. We do not believe that the natural components give these picks their essential character. The picks have no essential character and are classifiable following GRI 3 (C) in the last applicable subheading.

The applicable subheading for style # P-77/1020d, items (a) and (b), will be 6702.90.6500, 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 other materials: other, other. The rate of duty will be 17 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Masterson at 212-466-5892.

Sincerely,

Roger J. Silvestri
Director

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