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April 9, 1999

CLA-2-95:RR:NC:SP:222 D89518

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Ruby L. Wood
Sr. Vice President
Evans and Wood & Co., Inc.
P.O. Box 610005
DFW Airport, TX 75261

RE: The tariff classification of five artificial Christmas picks from China.

Dear Ms. Wood:

In your letter dated March 12, 1999, you requested a tariff classification ruling on behalf of your client, Hobby Lobby Stores, Inc.

You have submitted five samples of artificial Christmas picks. The first pick, item XP244, is made of three plastic evergreen branches, three pine cones, plastic green eucalyptus leaves, twigs, and four red plastic berries. The stem is made of green wire.

The second sample, item XP243, is made of four plastic evergreen branches, one pine cone tinged with gold paint, man-made fiber holly leaves, five red plastic berries, a red plastic cherry, and a green wire stem.

The third sample, item XP241, is made of three plastic evergreen branches, two pine cones tinged with gold paint, three man-made fiber holly leaves, four gold painted plastic berries, gold painted twigs, a man-made fiber gold-imbued white ribbon, and a green wire stem.

The fourth sample, item 3MPC-2, is a 3-pack of miniature picks consisting of three picks measuring approximately 2-inches x 2-inches affixed to a removable cardboard backing. All three picks are made of three plastic evergreen branches, one pine cone tinged with gold paint, three plastic berries tinged with gold paint, three man-made fiber holly leaves, a man-made fiber rose tinged with gold paint, and a green wire stem. The fifth sample, 3MPC-7, is a 3-pack of miniature picks consisting of three picks measuring approximately 2-inches x 2-inches affixed to a removable cardboard backing. All three picks are made of three plastic evergreen branches, one pine cone, two red plastic berries, three man-made fiber holly leaves, a red plastic pomegranate, and a green wire stem.

Your samples are being returned as requested.

The applicable subheading for the five artificial Christmas picks will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for festive...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other: other. The rate of duty will be Free.

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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