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NY C82012




December 3, 1997

CLA-2-06:RR:NC:2:231 C82012

CATEGORY: CLASSIFICATION

TARIFF NO.: 0604.99.6000

Ms. Nancy Welch
Michaels Stores, Inc.
8000 Bent Branch Drive
Irving, TX 75063

RE: The tariff classification of ornamental foliage from China.

Dear Ms. Welch:

In your letter, dated November 18, 1997, you requested a tariff classification ruling.

The merchandise is foliage that is suitable for bouquets or ornamental purposes. Item 88AX0024 is a natural pine cone pick comprised of 80 percent natural cone, 15 percent wire, and 5 percent plastic. It is available in nine colors. The submitted samples are described thus:

1. Item 88AV0024D - natural pine cone, painted white, on a pick.

2. Item 88AX0024C - natural pine cone, with lacquer and gold edge, on a pick.

3. Item 88AX0024F - natural pine cone, with lacquer and gold glitter, on a pick.

4. Item 88AX0024G - natural pine cone, with snow and gold glitter, on a pick.

5. Item 88AX0024I - natural pine cone, painted silver, with snow, on a pick.

The applicable subheading for the natural pine cone pick (items 88AV0024D, 88AX0024, 88AX0024C, 88AX0024F, 88AX0024G, and 88AX0024I) will be 0604.99.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared, other, other, other. The rate of duty will be 9 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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