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NY H85267





August 24, 2001

CLA-2-46:RR:NC:2:230 H85267

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.6000

Ms. Pilar Dorfman
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of a decorated grapevine welcome wreath from China

Dear Ms. Dorfman:

In your letter dated August 2, 2001, on behalf of LTD Commodities Inc., you requested a tariff classification ruling.

The ruling was requested on a product identified as “WEW – Picket Fence Welcome Wreath.” A sample of the product and a brochure were submitted. The sample will be returned to you as you requested.

The sample consists of a decorated wreath approximately 13 inches in diameter. The wreath is composed of a 2 inch wide bundle of rod-like grapevines held together with vine material. The wreath is decorated on the bottom half with a small wood birdhouse and wood picket fences in front and in back of the birdhouse. A wood sign painted with the word “Welcome” is attached to the top of the wreath. Artificial foliage and dried flowers decorate the wreath all around.

The essential character of the welcome wreath is imparted by the grapevine wreath because of the role it plays in the functioning of the product as a wall hanging. The wood picket fence, birdhouse, welcome sign and artificial foliage play a secondary role in decorating the wreath.

The applicable subheading for the grapevine picket fence welcome wreath, item # WEW, will be 4602.10.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and 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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