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February 24, 1999

CLA-2-67:RR:NC:SP:222 D87585

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

Ms. Sandy Duncan
Miami Valley Worldwide, Inc.
1300 E. Third Street
Dayton, OH 45403

RE: The tariff classification of artificial foliage from Chiina.

Dear Ms. Duncan:

In your letter dated February 2, 1999, on behalf of your client Hanken Imports Company, Inc., you requested a tariff classification ruling.

The submitted sample is a floral pick. It is designed with a natural pine cone, fall colored leaves made of man-made woven fabric and plastic berries. This floral pick also has a scare crow that is made of burlap material with straw arms and a plastic pumpkin for the head. The pumpkin is designed with a jack-o-lantern face. This artificial floral pick is composed of the pull apart type items. Your letter of inquiry states that this item will be used in fall flower arrangements. In our opinion, the fall colored leaves of man-made fiber imparts the essential character of this article.

The applicable subheading for the artificial floral pick 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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