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NY J84213




June 2, 2003

CLA-2-46:RR:NC:2:230 J84213

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.6000

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

RE: The tariff classification of a grapevine wreath with iced artificial berries from China

Dear Ms. Young:

In your letter dated May 7, 2003, on behalf of your client, Meijer Distribution, you requested a tariff classification ruling.

The ruling was requested on a product described as a “vine wreath with ice sugar beads and leaves”, item # 921333, UPC # 7-08820-00015. A sample of the product was submitted, which will be returned to you as you requested.

The sample is a 15” diameter wreath made of a 3” wide circular bundle of natural grapevines held together with wire. The wreath is decorated with plastic red berries and fabric leaves. The berries and leaves are coated with sugar, which gives them the appearance of being iced.

The product is a composite good composed of natural grapevines and artificial foliage. The essential character of the product is imparted by the grapevine wreath because of the primary role the grapevine plays in the functioning of the product as a wreath. The artificial foliage plays a secondary role in decorating the product.

You state that the wreath is a Christmas wreath that will be sold only during the Christmas season. You believe that it should be classified as a Christmas ornament in subheading 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS).

Subheading 9505.10, HTSUS, provides for articles for Christmas festivities and parts and accessories thereof. Only artificial foliage is eligible for inclusion in this subheading. Since the wreath is made of natural grapevines, this subheading is not applicable.

The applicable subheading for the grapevine wreath with iced artificial berries and leaves, item # 921333, will be 4602.10.6000, HTSUS, which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; of vegetable materials; other; other, wickerwork. The rate of duty will be free.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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