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NY C82218




December 22, 1997

CLA-2-67:RR:NC:SP:222 C82218

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

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

RE: The tariff classification of assorted artificial fall picks from China.

Dear Ms. Welch:

In your letter dated November 25, 1997, you requested a tariff classification ruling.

The submitted four samples of 6 inch artificial fall picks, item #MSI98/21. Your letter of inquiry states that these picks are purchased in a package containing an assortment of four colors. The picks are composed of 30 percent natural cone/twigs and cornhusk, 30 percent plastic, 20 percent polyester, 10 percent wire and 10 percent packaging. These picks are constructed with pull apart materials. Their design also includes plastic fruit with fall colored leaves and flowers made of man-made fibers. The wire stems have been covered with plastic. In our opinion the essential character of these items is imparted by the fall colored leaves and flowers composed of man-made fibers.

The applicable subheading for the assortment of fall picks will be 6702.90.3500, 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: man-made fibers. The rate of duty will be 9 percent ad valorem.

The rate of duty will remain the same for 1998.

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,

Robert B. Swierupski
Director,

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