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NY J81537




March 4, 2003

CLA-2-67:RR:NC:SP:225 J81537

CATEGORY: CLASSIFICATION

TARIFF NO. 6702.90.3500

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of harvest swags from China.

Dear Mr. Hoffacker:

In your letter dated February 24, 2003, on behalf of your client Big Lots Stores, Inc., you requested a classification ruling.

The submitted samples are known as 24” Harvest Swags identified as item numbers D31672, D31674 and D31675. The swags are made of a vegetable material that has been coated to appear as green vines. The fall-colored leaves and flowers are made of polyester woven fabric. Decorations on the swags consist of styrofoam fruit, vegetables, berries and/or artificial flowers. Each style of the swags may differ based on the kinds of decorations used. In our opinion, the polyester leaves and flowers impart the essential character to this item.

The samples are returned as you requested.

The applicable subheading for the Harvest Swags 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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