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NY J81858




March 11, 2003

CLA-2-95:RR:NC:SP:225 J81858

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500; 6702.10.2000

Ms. Wendy Lawson
Sears Roebuck and Company
3333Beverly Road, D5-256B
Hoffman Estates, IL 60179

RE: The tariff classification of assorted sprays from China.

Dear Ms. Lawson:

In your letter dated February 26, 2003, you requested a classification ruling.

You have submitted four styles of sprays identified as stock number 91601. All of the stems are made of wire and wrapped with brown paper. The plastic fruit is made of styrofoam and covered with plastic beads. Some of the leaves are made of plastic material and others are made of man-made fiber woven fabric.

Style number 001 has a gold plastic beaded pear, gold beaded grapes and plastic leaves. Style number 002 has a gold apple and a gold pear. The gold leaves and green pine needle foliage is also made of plastic. Style number 003 is composed of two orange and gold beaded apples, gold beaded grapes and a sprig of green foliage made of plastic. The artificial fruit imparts the essential character to these items.

Style number 004 is fashioned with a gold poinsettia flower made of man-made fiber woven fabric, gold leaves, green foliage made of plastic and a decorative gold nylon cord. The poinsettia is an accepted symbol of Christmas festivities.

The samples are returned as you requested.

The applicable subheading for the poinsettia spray style number 004, will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be free.

The applicable subheading for style numbers 001, 002 and 003 will be 6702.10.2000, 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 8.4 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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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