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NY E85381




October 6, 1999

CLA-2-67:RR:NC:2:222 E85381

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.6500

Mr. Ron Bachinski
C/o RAMB Enterprises
Unit #463
230-2110 Summit Drive
Kamloops, British Columbia
Canada V2C-6M1

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of two artificial trees from Canada; Article 509

Dear Mr. Bachinski:

In your letter dated July 22, 1999 you requested a ruling on the status of two products from Canada under the NAFTA.

One item called “An Encounter” is a copper wire tree mounted on a rock with an oriental figurine attached. The second called “Ramsai Silk” is a representation of a bonsai tree with silk greenery.

The applicable tariff provision for the both items (if the leaves of the bonsai tree are made of real silk) will be 6702.90.6500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit, other, other. The general rate of duty will be 17 percent ad valorem.

You state, regarding the product called “An Encounter”, that the copper wire used to make the tree is purchased locally. You do not state where it was made. The rock bases are quarried in British Columbia. The oriental figurines are imported from China. In Canada they are incorporated into a grouping, the essential character of which is imparted by the wire tree.

Each of the non-originating materials used to make” An Encounter” has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/67. The product will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The product called “Ramsai Silk “ is composed of silk greenery (in a variety of styles) imported from China. The Bonsai dish and the oriental figurine are also imported from China. The tree trunk is a natural tree branch from British Columbia. The dish is filled with spray foam and covered with natural reindeer moss. You do not state where the foam or the moss originated.

Pursuant to Part 181 of the Customs Regulations (19 C.F.R. 181), a request for a ruling on the status of a product under NAFTA must provide sufficient detail to permit proper application of the relevant NAFTA provisions. In this case, we will require additional information in order to issue a ruling.

Please confirm the fiber content of the “silk” foliage. In many instances, with regard to artificial flowers and foliage, silk is really man made fiber (artificial silk). Also provide samples showing the way the “silk” foliage is imported into Canada. Is it imported as individual leaves or as groupings of leaves and small branches?

As provided for in Section 181.94 of the Customs Regulations (19 CFR 181.94), you may submit this additional information within 30 days of the date of this notice. Please address any supplemental letter to this office, and refer to our file number shown above. If you decide to resubmit your request, please include all of the material that we have returned to you.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 R. Masterson at 212-637-7090.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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