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NY I82952




July 3, 2002

CLA-2-67:RR:NC:SP:222 I82952

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000

Ms. Jenny Davenport
Wal Mart Stores, Inc.
601 N. Walton
Bentonville, AK 72716-0410

RE: The tariff classification of artificial foliage from China.

Dear Ms. Davenport:

In your letter dated May 30, 2002, you requested a classification ruling.

You have submitted three samples of artificial foliage. Sample A is a Gold Plated Fern Spray that is composed of 95% plastic and 5% glitter. Sample B is an 18-inch Glitter Foliage with Bead Spray that is composed of 95% plastic beads and 5% glitter. Sample C is identified as a Berries and Leaves Spray. The berries are composed of polyfoam and the polyester woven leaves are coated with glitter. Sample A, the gold plated fern sprays will be available in three assorted designs. Sample B, the 18-inch glitter foliage with bead spray will be available in 12 assorted designs. Sample C, the polyfoam berries and green man-made fiber woven leaves will be available in 4 assorted styles of red and gold colors. All of the above mentioned artificial foliage is made by binding flexible materials with glue or similar methods.

This type of artificial foliage it not primarily dedicated for use during the Christmas holiday season. The foliage can be used as decorations all year round for any occasion. The plastic components impart the essential character to the artificial foliage.

The applicable subheading for samples A, B and C, artificial foliage, will be 6702.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of 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.

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 * at 646-733-*.

Sincerely,

Robert B. Swierupski
Director,

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