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NY G85159




January 4, 2001

CLA-2-67:RR:NC:SP:222 G85159

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500; 6217.10.8500; 6217.10.9530

Mr. Arvind K. Suri
J. F. Moran Co., Inc.
475 Douglas Pike
Smithfield, RI 02917

RE: The tariff classification of artificial flowers, hair ornaments from China.

Dear Mr. Suri:

In your letter dated December 6, 2000, on behalf of your client Accessories Associates, Inc., you requested a tariff classification ruling.

You have submitted three samples. The first sample is identified as item number 1F617. It is a peach colored rose flower that is made of man-made fiber woven fabric. A textile-covered elastic band is attached to the artificial flower. This article can be worn as a ponytail holder.

The second sample is identified as item number 1F580. It is a red rose made of man-made fiber woven fabric. The artificial flower has a metal pin attached to the back. This product is worn on a garment.

The third sample is identified as item number 1F594. The blue rose is composed of man-made fiber woven fabric. The artificial flower is attached to a ¾ inch wide textile ribbon. This product is worn as a necklace or choker.

You letter of inquiry states that you believe items number 1F617 and 1F580 qualifies for classification in heading 6702. However, item number 1F617 is considered to be a ponytail holder and is thereby excluded from classification as artificial flowers. The ponytail holder will be classified in heading 6217 as accessories.

The applicable subheading for item number 1F580, red rose brooch, 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.

The applicable subheading for item number 1F617, peach colored ponytail holder will be 6217.10.8500, HTS, which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: accessories: other: headbands, ponytail holders and similar articles. The rate of duty will be 15 percent ad valorem.

The applicable subheading for item number 1F594, blue rose necklace will be 6217.10.9530, HTS, which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: other: other, of man-made fibers. The rate of duty will be 15 percent ad valorem.

The textile blue rose necklace falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. There is no textile category designation for the peach colored ponytail holder at this time.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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