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June 9, 1999

CLA-2-67:RR:NC:SP:222 E81901

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

Ms. Lorainne Aldinger
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011

RE: The tariff classification of artificial flowers from China.

Dear Ms. Aldinger:

In your letter dated May 7, 1999, received in this office on May 12, 1999, you requested a tariff classification ruling.

The submitted sample is identified as “Harvest Cornucopia”. This article is made up of a fifteen inch rattan basket filled with artificial flowers, leaves and plastic beads. The fall colored artificial flowers and leaves are composed of woven man-made fiber fabric. The flowers, leaves and beads are glued to wire stems that have been inserted into the foam inside the basket. The basket has three attachments on the bottom for balancing the item on a tabletop. In our opinion the artificial flowers and leaves impart the essential character to this item.

The applicable subheading for the “Harvest Cornucopia” 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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