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NY I84645





August 28, 2002

CLA-2-67:RR:NC:2:222 I84645

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000

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

RE: The tariff classification of an artificial foliage article, item # 902430, from China.

Dear Ms. Young:

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

You are requesting the tariff classification on an item that is described as a Twiggy Tree, an eighteen inch article that is constructed of artificial pine branches of PVC material on wire, berries, pine cones, wood twigs and a wooden birdhouse on a pole. The whole is inserted into a weighted base that is covered with burlap and decorated with a fabric bow. Due to the absence of Christmas motifs, this merchandise is considered to be an artificial foliage article that will be displayed year round. Therefore, the proper classification is in Chapter 67 of the HTSUSA, as an artificial foliage article. The sample will be returned, as requested.

The applicable subheading for the artificial foliage article, item # 902430, will be 6702.10.2000, 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: 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 8.2 % 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 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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