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NY I82213




June 21, 2002

CLA-2-46:RR:NC:SP:230 I82213

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.3500

Mr. Troy Myers
Limited Logistics Services
Four Limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of a “candle ring,” made of twigs and pinecones, from China.

Dear Mr. Myers:

In your letter dated May 28, 2002, you requested a tariff classification ruling on behalf of Bath and Body Works, Inc. (a division of Limited Brands, Inc.).

A sample identified as a “stick pinecone candle ring” (style 48868) was submitted and is being returned to you as requested. It is a wreath-like article consisting of bundled twigs formed into a ring measuring about 7 inches in diameter. The ring, which is bound with wire, is decorated with six attached small pinecones and with gold-colored glitter. The item evidently is intended for use as a decoration to surround the base of a candle or candleholder.

You state that the candle ring will be marketed and sold during the Christmas season, and you believe that its gold glitter and pinecones are recognized Christmas motifs. However, the instant product, made from real (natural) twigs and six pinecones, is not considered a festive article for tariff purposes.

Accordingly, the applicable subheading for the “stick pinecone candle ring” (style 48868) will be 4602.10.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: other: of one or more of the materials bamboo, rattan, willow or wood: 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 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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