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NY F86405




May 25, 2000

CLA-2-67:RR:NC:SP:222 F86405

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000; 9505.10.2500

Ms. Ruby L. Wood
Evans and Wood & Co., Inc.
P. O. Box 610005

DFW Airport, TX 75261

RE: The tariff classification of picks from China.

Dear Ms. Wood:

In your letter dated April 19, 2000, on behalf of Hobby Lobby Stores, you requested a tariff classification ruling.

You have submitted four samples of picks. Three picks are designed as artificial fruit. Two samples have strings attached to the top of the artificial fruit for the purpose of hanging as Christmas tree ornaments. The fourth sample is holly leaves and berries designed in an iridescent color. The leaves are made of man-made fiber woven fabric and the berries are made of styrofoam, covered with a metallic coating.

Item #XP-157 – green flocked pear ornament “ XP-159 – yellow flocked pear ornament “ XP-318 – large gold/green pear on wire stem “ XP-236 – holly leaves and berries

The samples are made of styrofoam and shaped to resemble fruit/holly leaves and berries. The stems are made of wire that has been covered with brown paper for the fruit and white paper for the holly leaves and berries.

We are unable to render a classification on items #XP-157 and XP-159, artificial pear ornaments. Please provide marketing literature, brochures or catalog pages as proof that these items are advertised, bought and sold as Christmas tree decorations.

The applicable subheading for item #XP-318, designed as artificial fruit 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 item #XP-236, holly leaves and berries with textile leaves will be 9505.10.2500, HTS, which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other, other. The rate of duty will be free.

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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