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NY J85106




June 26, 2003

CLA-2-46:RR:NC:2:230 J85106

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000

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

RE: The tariff classification of twig and berry wreaths from China

Dear Ms. Young:

In your letter dated May 21, 2003, on behalf of your client Meijer Distribution, you requested a tariff classification ruling.

The ruling was requested on five articles, listed as follows:

Item # M9085196 Berry Garland
Item # M908614 Twig Heart Wreath
Item # M908615 Twig Star Wreath
Item # J9085168 Berry Wreath
Item # M9085257LA Bayberry Wreath

Samples of four of the articles (all except #M908614 Twig Heart Wreath) were received for our review. The samples will be returned to you as you requested.

Item #M9085196 is an approximately 4 foot long artificial twig and berry spray. It consists of a branch with twigs made of wrapped wire holding numerous polyfoam berries with glass bead coatings.

Item #M908615 is an approximately 12” wide star shaped wreath composed natural twigs on a wire frame. It is decorated in the front with a layer of artificial twigs and berries.

Item #J9085168 is a 10” diameter wreath made of natural vine-like twigs. It is decorated in the front with a layer of artificial twigs and berries.

Item #M9085257LA is an 8” diameter circular decoration consisting of various artificial berries and leaves on a wrapped wire base.

You state that the articles will be imported and sold only during the Christmas season. However, this foliage is not traditionally associated with or used in the celebration of Christmas.

The applicable subheading for item #M9085196 Berry Garland (spray) and for item #M9085257LA Bayberry Wreath will be 6702.10.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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.

Your inquiry does not provide enough information to give a classification ruling on item #M908614 Twig Heart Wreath, item #M908615 Twig Star Wreath and item #J9085168 Berry Wreath. Your request for a classification ruling for these items should include the specific identity by common and botanical name of the natural twig material. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. In addition, please include a sample of item #M908614 Twig Heart Wreath.

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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