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NY G82580




October 27, 2000

CLA-2-67:RR:NC:SP:222 G82580

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000; 6702.90.3500

Ms. Mary Fong
Hecny Brokerage Services, Inc.
8933 S. LaCienga Blvd.
Inglewood, CA 90301

RE: The tariff classification artificial flowers and fruit from China.

Dear Ms. Fong:

In your letter dated August 31, 2000, you requested a tariff classification ruling and how the products should be marked with the country of origin.

You have submitted four samples. The first sample is a basket of artificial fruit with man-made fiber woven leaves. The artificial fruit is made of styrofoam that has been painted and covered with small acrylic beads.

The second sample is called a frosted floral wall decoration. It is made of artificial flowers with green leaves. The artificial flowers and leaves are made of man-made fiber woven fabric. The stems are made of wire and covered with green paper.

The third sample is a stem of artificial flowers with gold trimming. The green leaves and rose colored flowers are made of man-made fiber woven fabric. The wire stem has been covered with paper.

Sample number four is called a fruit wall decoration with glitter. It is made of artificial fruit and berries. The artificial fruit is made of styrofoam that has been painted and covered with small acrylic beads. The stems are made of wire and covered with green paper.

In your letter of inquiry you questioned whether these articles would be considered festive items. You mentioned the importer stated that these items would be sold only during the Christmas season. You have not provided any proof that these articles are advertised, bought and sold as Christmas decorations. These items appear to be of a kind which may be used at various times and perhaps year round. There is nothing about these items that dedicates them for use during the Christmas season.

You also inquire about the country of origin marking requirements for the imported merchandise. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 C.F.R. §134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 C.F.R. §134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The marking of imported articles, with a hang tag or label stating “Made in China”, if it is conspicuously, legibly and permanently affixed will satisfy the marking requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking for the imported items.

The applicable subheading for the basket of artificial fruit and the artificial fruit wall decoration 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 the artificial flowers will be 6702.90.3500, 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 other materials: other: of man-made fibers. The rate of duty will be 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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