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NY G84085




November 22, 2000

CLA-2-46:RR:NC:2:230 G84085

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.6000

Mr. Joel K. Simon
Serko & Simon, LLP
Suite 3371
One World Trade Center
New York, NY 10048

RE: The tariff classification of a grapevine wreath with a stuffed textile bear from China

Dear Mr. Simon:

In your letter dated November 9, 2000, on behalf of your client, Russ Berrie and Company Inc., you requested a tariff classification ruling.

The ruling was requested on a grapevine wreath, designated as Item #70898. A sample of the product was submitted. The sample will be returned to you as you requested.

The sample is a wreath decorated with a textile teddy bear and wooden hearts. The wreath consists of a circular bundle of rod-like vines, 12 inches in diameter, bound together with vine. The vine is stated to be grapevine. Permanently glued to the bottom left side of the wreath in a sitting position is a stuffed 7 inch long teddy bear dressed in denim overalls and a plaid shirt. Attached to either side of the bear are painted wooden hearts. The wreath has a metal hanger on the back for hanging on a wall or door.

The essential character of the grapevine wreath with a textile bear is imparted by the wreath because of the more important role it plays in the functioning of the article. The bear plays a secondary role in decorating the wreath.

The applicable subheading for the grapevine wreath with a textile bear, item #70898, will be 4602.10.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles made directly to shape from plaiting materials or made up from articles of heading 4601; of vegetable materials; other; other; wickerwork. The rate of duty will be Free.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,

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