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NY C82351




January 9, 1998

CLA-2-67:RR:NC:SP:222 C82351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

Ms. Lori Aldinger
Rite Aid Corporation
P. O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of artificial flowers in a clay pot from China.

Dear Ms. Aldinger:

In your letter dated December 2, 1997, you requested a tariff classification ruling.

The submitted sample is identified as Early Spring Flower in Clay Pot Decoration, item #980060. The artificial flowers and leaves are made of polyester woven fabric. The stems are composed of wire that has been covered with plastic. The flowers are glued onto the stems. Your letter of inquiry states that these flowers will be imported in various colors. The assortments will include tulips, iris and daffodils. The essential character of this item is imparted by the man-made fiber artificial flowers.

The applicable subheading for the artificial flowers in a clay pot 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: of man-made fibers. 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 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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