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May 10, 1999

CLA-2-67:RR:NC:SP:222 E80390

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000

Ms. Kristen Gibson
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of artificial berry picks from China.

Dear Ms. Gibson:

In your letter dated March 9, 1999, you requested a tariff classification ruling.

The submitted samples are identified as style #1136 (large) berry pick and style #1138 (small) berry pick. The picks are designed with red berries made of styrofoam and covered with plastic. The green leaves are made of paper and the wire stem has been wrapped with brown paper. The berry picks are composed of 35% resin, 27% wire, 20% mica, 14% paper and 4% styrofoam. The large pick measures approximately 13 inches high by 3 inches wide. The small pick measures approximately 10 inches high by 2 inches wide. They are not of the type of foliage associated with Christmas festivities.

The samples are returned as you requested.

The applicable subheading for the berry picks, will be 6702.10.2000, 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 plastics: assembled by binding with flexible materials such as wire, paper, textile materials, or foil, or by gluing or by similar methods. The rate of duty will be 8.4 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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