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NY J85806




June 23, 2003

CLA-2-95:RR:NC:SP:225 J85806

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Alice Liu
Import Manager
Atico International USA, Inc.
501 South Andrews Ave.
Ft. Lauderdale, FL 33301

RE: The tariff classification of Fabric and Other Flowers from China and Thailand

Dear Ms. Liu:

In your letter dated June 11, 2003 you requested a tariff classification ruling. Item #C78J0749, Fabric Flower from China, is constructed by sewing green material in a tube shape and stuffing it with shredded textile to make the stem. A wire is run up the interior of the stem to provide rigidity. The flower part is a long strip of folder textile, also stuffed, which is rolled and sewn to give the appearance of a flower. Since the construction of this flower does not meet the criteria for Heading 6702, it will be considered other made up textile.

The applicable subheading for the Fabric Flower, item #C78J0749 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up articles, including dress patterns: Other: Other: Other. The duty rate will be 7 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on items B78B3110 and B78Bclay. Your request for a classification ruling should include the following:

For both B78B3110 and B78Bclay, please provide information as to how the flowers are constructed? Specifically, how or why does one petal adhere to the other to create the flower effect? Or, is the flower head carved out of a solid piece of material?

For Item B78B3110, the letter you submitted indicates the flower is made of “soap wax material.” Please provide the complete breakdown of the ingredients used to make these flowers. Also, provide this information for the “leaves” as well. The breakdown should include all the chemical names, Chemical Abstract Numbers (CAS) for each ingredient, and the percentage by weight of each ingredient in the final imported product.

For item B78Bclay, the letter you submitted does not indicate what materials the flowers are made of. Please provide the complete breakdown of the ingredients used to make these flowers. Also, provide this information for the “leaves” as well. The breakdown should include all the chemical names, Chemical Abstract Numbers (CAS) for each ingredient, and the percentage by weight of each ingredient in the final imported product.

The above two samples are returned as requested. Item C78J0749 is retained for training purposes.

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.

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 J. Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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