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NY I81633




May 31, 2002

CLA-2-67:RR:NC:SP:222 I81663

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

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

RE: The tariff classification of artificial flowers from China.

Dear Ms. Pearson:

In your letter dated May 10, 2002, you requested a classification ruling.

You have submitted five samples of artificial flower arrangements that will be used as decorations in the home.

Style number T60008 identifies Artificial Roses and artificial gypsum in a rectangular, white washed terra cotta pot. This product is composed of 5% polyester, 5% iron wire, 5% styrofoam, 10% plastic and 75% clay. The leaves and roses are made of man-made fiber woven fabric. The roses and leaves are glued to wire stems that have been coated with plastic. In our opinion, the artificial roses impart the essential character to this item.

Style number T00845 is an Artificial Rose Bud with onion grass in a glass vase. The component breakdown of this item is 10% polyester, 15% plastic, 10% iron wire and 65% glass. The artificial rose bud and green leaves are made of man-made fiber woven fabric. This rose bud is the type that snaps onto the wire stems. The bottom of the glass vase contains clear plastic that holds the flower bud and onion grass in place. The man-made fiber flower imparts the essential character to this item.

Style number T60018 is a 15” Heart Shaped Rose Topiary. The artificial rose topiary is in a resin flowerpot. The artificial roses and green leaves are made of man-made fiber woven fabric. The mini roses are the type that snap onto the wire stems. The wire stems and wire heart-shaped frame have been wrapped with paper. The grape vines are extended around the heart-shaped frame with the leaves and roses. The components of this item are 5% polyester, 15% plastic, 30% iron wire, 4% styrofoam, 40% resin, 5% grapevine and 1% moss. The man-made fiber flowers impart the essential character to this item.

Style number T60019 is a 17” Artificial Rose Topiary. The mini roses and the green leaves are made of man-made fiber woven fabric. The roses and leaves are attached to a styrofoam ball that has been covered with grapevines. The stem of the topiary is made of wood twigs. The flowerpot container is made of resin. The artificial flowers are also placed at the base of the topiary in the flowerpot. The flowers are the type that snap onto the plastic stems. The component breakdown is 5% polyester, 15% plastic, 30% iron wire, 4% styrofoam, 40% polyresin, 5% grape vine and 1% moss. The man-made flowers impart the essential character to this item.

Style number T60017 is an Artificial Rose Heart Shaped Wreath. The wreath is designed with roses and green leaves made of man-made fiber woven fabric. The roses and leaves are attached to a heart-shaped wire base. The wire base has been covered with green paper. The roses are the kind of flowers that snap onto the plastic stems. This has a textile ribbon loop at the top that allows the wreath to be hung on a wall or door as decoration in the home. The man-made fiber flowers impart the essential character to this item.

The samples are returned as you requested.

The applicable subheading for style numbers T00845, Artificial Rose Bud in a vase, T60018, Heart-Shaped Rose Topiary, T60019, Artificial Rose Topiary, T60017, Artificial Rose Heart-Shaped Wreath and T60008, Artificial Roses in Terra Cotta Pot, 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: 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 regarding the ruling, contact National Import Specialist Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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