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NY B86782





July 18, 1997

CLA-2-46:RR:NC:SP:230 B86782

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.6000

Ms. Michele Smith
Import Dept. 733IMP
Sears, Roebuck and Co.
3333 Beverly Road, BC 204A
Hoffman Estates, IL 60179

RE: The tariff classification of decorative articles made of vine and wood, from China.

Dear Ms. Smith:

In your letter dated June 17, 1997 you requested a tariff classification ruling.

The merchandise in question is identified as an "assortment of two deers" (stock no. 91180) intended for sale as Christmas decorations. A one-piece sample was submitted and is being returned to you as requested. It is a standing, deer-shaped article composed of a mass of vines tied together with additional vines and partially supported internally by a few twigs. It is about 15 inches high, 12 inches long and three inches wide. A photo accompanying your inquiry shows that the other deer in the "assortment" strikes a somewhat different pose but is essentially the same.

In view of its predominant role in the shape and appearance of these articles, the vine will be considered the material which imparts the essential character.

Accordingly, the applicable subheading for the above-described deer assortment will be 4602.10.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) articles of vegetable plaiting materials: wickerwork. The rate of duty will be free.

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 Paul Garretto at 212-466-5779.

Sincerely,

Gwenn Klein Kirschner

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