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NY J82123





March 11, 2003

CLA-2-67:RR:NC:SP:225 J82123

CATEGORY: CLASSIFICATION

TARIFF NO. 6702.10.2000; 6702.90.3500

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 25, 2003, you requested a classification ruling.

You have submitted two styles of sprays identified as stock number 91612. Both styles contain wire stems that have been wrapped with brown paper. The green foliage is made of wire and plastic. The berries are made of styrofoam that has been painted or covered with plastic beads. The leaves and flowers are made of wire and man-made fiber woven fabric. Style number 01 is composed of beige and mauve roses with glittered edges, a gold plastic beaded pear, green and pink beaded grapes, painted berries and gold leaves. The man-made fiber roses imparts the essential character to this article.

Style number 02 consist of two pieces of green and pink beaded fruit made of plastic, painted styrofoam berries, green and pink beaded grapes, brown polyester leaves and green pine needle plastic foliage. The artificial fruit imparts the essential character to this item.

The samples are returned as you requested.

The applicable subheading for style number 01 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.

The applicable subheading for style number 02 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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