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NY F82706




March 15, 2000

CLA-2-67:RR:NC:2:222 F82706

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500; 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 October 20, 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 Silks” is a representation of a bonsai tree with “silk” greenery.

You state, regarding the product called “An Encounter”, that the copper wire used to make the tree is purchased from scrap yards and that its country of manufacture is believed to be Canada. 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 tree.

The applicable tariff provision for the product called “an Encounter” 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.

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 Silks “ is composed of foliage made of polyester fabric, which,when imported from China, is attached to a plastic coated wire stem. 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 produced in Canada and covered with natural reindeer moss grown in the United States.

The applicable tariff provision for the item called “Ramsai Silks” will be 6702.90.3500, 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, of other materials: of man-made fibers. The general rate of duty will be 9 percent ad valorem.

The merchandise called “Ramsai Silks” does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials (the polyester leaves attached to plastic coated wire stems) used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/67, HTSUSA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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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