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NY F84071




April 7, 2000

CLA-2-67:RR:NC:SP:222 F84071

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000

Ms. Mary Van der Vieren
Wal Mart Stores, Inc,
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of artificial fruit from China.

Dear Ms. Van der Vieren:

In your letter dated March 1, 2000, you requested a tariff classification ruling.

You have submitted two samples of artificial fruit in straw baskets. The artificial fruit is composed of 80 percent plastic and 20 percent pigment.

The first sample is identified as vendor stock #PY/20264, Crystal Fruit in a gold basket. The artificial fruit is made of styrofoam that has been covered with plastic. The outer covering of plastic is designed to appear as tiny crystals. The fruit designs consist of apples, pears and grapes. The basket includes natural pinecones, textile holly leaves and plastic berries.

The second sample is identified as vendor stock #PY/20265, Crackle Fruit in a basket. The artificial fruit is made of styrofoam and covered with plastic. The fruit designs consist of apples, pears and grapes. Natural pinecones, textile holly leaves and plastic berries are included in the basket. The plastic components of the artificial fruit imparts the essential character to each of the above mentioned samples.

The samples are returned as you requested.

The applicable subheading for the artificial fruit baskets 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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