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NY D85043




December 22, 1998

CLA-2-63:RR:NC:TA:349 D85043

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.92.0000

Mr. David M. Rickert
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of a wreath wall hanging from China

Dear Mr. Rickert:

In your letter dated November 12, 1998, received in this office on December 4, 1998, you requested a tariff classification ruling on behalf of LTD Commodities, Incorporated.

The "WRZ-Americana Welcome Wreath" is composed of a stuffed textile angel figure affixed to a grapevine wreath. The wreath is decorated with fabric bows and a wooden sign that reads "Welcome". The angel is a full-bodied figure with legs dangling below the wreath. Her shell is made of 100% cotton and her torso is stuffed with 65% polyester and 35% cotton material. She is outfitted in a stars and stripes patterned dress with a matching hair bow. The angel holds a small American flag in her hands.

This office considers the wreath wall hanging a composite good under GRI 3(b), with the essential character imparted by the angel figure. We further note that angel's with prominent wings do not represent human beings and, therefore, are excluded from the doll provision. This item is not intended for use as a toy, but rather, is designed to be hung on the door or wall as a decoration for the home.

The applicable subheading for the "WRZ-Americana Welcome Wreath" will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: Other: Not knitted or crocheted, of cotton. The duty rate will be 6.8 percent ad valorem and will remain unchanged in 1999.

The wreath wall hanging falls within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 John Hansen at 212-466-5854.

Sincerely,

Robert B. Swierupski
Director,

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