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NY G87752




March 20, 2001

CLA-2-67:NEW:TOB1:G11 G87752

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

Ms. Carmina Cruz
Team Handling Services
1031 W. Manchester Blvd., Suite #6A
Inglewood, CA 90301

RE: The tariff classification of artificial flower/fiber optic decorative lamps from China.

Dear Ms.Cruz:

In your letter dated February 7, 2001, you requested a tariff classification ruling on behalf of your client, New Star Toys & Gifts.

Two samples, model numbers CD-3940-E and A01, were submitted with your ruling request.

You also enclosed copies of photographs for the following model numbers: CD-3940-A, CD-3940-B, CD-3940-C, CD-3940-D, CD-3940-F, and A03, A05, A02, A09/A10, A11, A06, A07/A08, A14 and A15. In your ruling request, you indicated that these articles are of the same composition as those submitted, but differ in color and flower shape. A binding ruling will only be provided for the items that were actually supplied with the request. It should also be noted that Part 177.2(b)(2)(ii)of the Customs Regulations states that a ruling will be limited to five merchandise items.

As you indicated, model number CD-3940-E is composed of artificial man-made fiber flowers with fiber optics which are handwrapped with paper onto a metal wire stem. The sample also comes with a plastic base for the flowers and fiber optics and an electrical power cord. The second sample, model number A01, is also composed of man-made fiber flowers, man–made fiber butterflies and fiber optics. The flowers, butterflies, and the fiber optics are enclosed in a plastic stem, and are secured in a plastic base which also serves as a housing for the batteries. The batteries are not included with the article. The essential character for each of the submitted samples is imparted by the artificial flowers.

The applicable subheading for the submitted samples will be 6702.90.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial flowers..., 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 pertaining to this matter, please contact Field National Import Specialist John Marturano at 212-637-7555 or National Import Specialist Alice Masterson at 212-637-7090.

Sincerely,


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