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NY F81205




January 21, 2000

CLA-2-67:RR:NC:SP:222 F81205

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000

Ms. Alice Liu
Atico International, USA, Inc.
P. O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of artificial fruit from China.

Dear Ms. Liu:

In your letter dated December 15, 1999, you requested a classification ruling.

The submitted sample is identified as item #C76G-0453. It is harvest fruit in a grapevine basket. The basket measures approximately 19 inches long by approximately 12 inches wide by approximately 7 inches high. The artificial fruit is made of styrofoam and covered with hard plastic. The artificial fruit is made in a variety of shapes, colors and designs. It is constructed by gluing parts together. It is not made in one piece. In our opinion the plastic components impart the essential character to this item.

The sample is returned as you requested.

The applicable subheading for the artificial fruit in a grapevine basket 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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