United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2002 NY Rulings > NY H87186 - NY H87232 > NY H87217

Previous Ruling Next Ruling
NY H87217




January 29, 2002

CLA-2-67:RR:NC:SP:222 H87217

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000; 4602.10.3500

Ms. Linda C. Pearson
Seasonal Specialties
11455 Valley View Road
Eden Prairie, MN 55344

RE: The tariff classification of artificial berries from China.

Dear Ms. Pearson:

In your letter dated January 18, 2002, you requested a tariff classification ruling.

You have submitted four samples. The first sample is identified as item number T20780, a 16” Pepperberry wreath on a twig base. The red polyfoam berry sprays are attached to the twig base with florist tape. The material breakdown of the wreath is 40% polyfoam, 40% twig, 10% plastic and 10% wire. The twig base imparts the essential character to this wreath.

The second sample is identified as item number T20781, a 24” red Pepperberry swag on a twig base. The polyfoam berry sprays are attached to the twig base with florist tape. The material breakdown of this product is 50% polyfoam, 20% plastic, 15% wire and 10% twig. The red berry sprays impart the essential character to the swag.

The third sample is identified as item number T02046. The artificial fruit is composed of styrofoam and covered with glass beads. The fruit is packaged in a metal bowl, shrink-wrapped and sold as a set. Each piece of the artificial fruit has a string attached to the top to allow for hanging on a Christmas as Christmas tree ornaments. This product is composed of 40% styrofoam, 40% glass beads, 10% metal bowl and 10% artificial leaves.

The fourth sample is identified as item number T20783. It is a 6’ red Pepperberry garland on a twig base. The polyfoam berry sprays are attached to the twig base with florist tape. Your letter of inquiry states that this item will be used to decorate Christmas trees, banisters and mantles for the Christmas holiday season. The component breakdown of the red berry garland on a twig base is 62% polyfoam, 18% plastic and 15% wire. The red berry sprays impart the essential character to this swag.

You state in your letter that the above mentioned samples will be sold as Christmas decorations. The items are not the recognized symbols for Christmas. They are not dedicated to any specific holiday season. These items may be used as decorations all year round.

The samples are returned as you requested.

Based on the information provided, we are unable to render a classification on item number T02046, the artificial fruit made of styrofoam and covered with glass beads in a metal bowl. We are requesting additional information. Please submit marketing literature for advertisement and sales as proof that this product is advertised, bought and sold as Christmas decorations or Christmas tree ornaments.

The applicable subheading for item number T20781, a 24” red Pepperberry swag on a twig base and item number T20783, a 6’ red berry garland on a twig base, will be 6702.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles 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 item number T20780, a 16” Pepperberry wreath on a twig base, will be 4602.10.3500, HTS, which provides for other articles of vegetable plaiting materials, of one or more of the materials bamboo, rattan, willow or wood: wickerwork. The rate of duty will be Free.

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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: