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NY F81223





January 14, 2000

CLA-2-67:RR:NC:SP:222 F81223

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000; 6702.90.3500; 6702.90.6500; 7326.20.0050

Ms. Karen E. Keeling
Fritz Companies, Inc.
806 Airpark Center Drive
Nashville, TN 37217

RE: The tariff classification of artificial foliage from Hong Kong.

Dear Ms. Keeling:

In your letter dated December 10, 1999, on behalf of your client Jim Marvin Enterprises, you requested a classification ruling.

You have submitted five samples of artificial foliage.

Style #HC-0664-0752 is a plastic sword leaf that is covered with silver glitter.

Style #HC-0658-0785 is magnolia leaf spray. The leaves are made of woven textile fabric and they have been covered with silver glitter. The wire stems have been wrapped with silver colored paper. In our opinion the essential character to this article is imparted by the textile.

Style #HC-0778-0752 is an amaranthus spray. The spray portion is made of plastic that has been covered with silver glitter. The wire stems have been covered with green plastic. The green leaves are made of woven textile fabric. The plastic components imparts the essential character to this article.

Style #HC-0660-0351 is identified as curly tip grass. The top portion is made of wire that has been wrapped with gold colored plastic. The bottom stem is made of wire that has been wrapped with yellow and green paper. The wire imparts the essential character.

Style #HC-0665-0842 is identified as string wire that has been covered with plastic and glitter. Your letter of inquiry states that this item will be used in artificial floral arrangements. It does not represent artificial flowers, fruit or foliage.

The samples are returned as you requested.

The applicable subheading for styles #HC-0664-0752, the sword leaf and #HC-0778-0752, the amaranthus, 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.

The applicable subheading for style #HC-0658-0785, magnolia leaf spray, will be 6702.90.3500, 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.

The applicable subheading for style #HC-0660-0351, the curly tip grass, will be 6702.90.6500, HTS, which provides for artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: of other materials: other: other. The rate of duty will be 17 percent ad valorem.

The applicable subheading for style #HC-0665-0842, will be 7326.20.0050, HTS, which provides for other articles of iron or steel wire, other. The rate of duty will be 3.9 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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