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NY I84644




August 6, 2002

CLA-2-67:RR:NC:SP:222 I84644

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

Ms. Kim Young
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of artificial flowers in a tin vase from China.

Dear Ms. Young:

In your letter dated July 26, 2002, on behalf of your client, Meijer Distribution, you requested a classification ruling.

The submitted sample is identified as item #890493, polyester roses in a 9” tin vase. The tin sheeting has been formed into a half cone shape with a flat side. A narrow textile ribbon has been attached to the tin vase. The flat side of the tin vase with the ribbon attached allows this item to be hung on a wall. The tin vase has been painted, decorated with lace and filled with styrofoam. A bouquet of man-made fiber roses with green leaves made of man-made fiber woven fabric has been inserted. A textile ribbon bow has printed sayings such as “I Love You”, “Baby Be Mine” and “Hugs & Kisses” is included with the artificial flowers in the vase. Your letter of inquiry states that this item will be marketed for Valentine’s Day. However, there are no motifs that dedicate this article primarily to Valentine’s Day. It could be used all year round.

The sample is returned as you requested.

The applicable subheading for the artificial roses in a tin vase 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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