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NY J85858




July 22, 2003

CLA-2-46:RR:NC:2:230 J85858

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.6000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of grapevine wreaths with a stuffed Santa or a stuffed snowman decoration from China

Dear Ms. Aldinger:

In your letter dated June 25, 2003 you requested a tariff classification ruling.

The ruling was requested on Rite Aid item # 933568, identified as “Christmas Stuffed Friends Wreath.” The item will be imported in two assorted styles. Samples of the two styles were submitted and will be returned to you as you requested.

The samples consist of 8” diameter wreaths composed of 1-1/4” wide bundles of natural grapevines twisted around into a circle and held together with wire. One style wreath is decorated with a stuffed textile snowman sitting in the middle of the wreath and a wooden "Let It Snow" sign at the top of the wreath. The other style is decorated with a stuffed textile Santa and a wooden “Welcome” sign on top. Both styles are additionally decorated with miniature artificial pine sprigs and berries and small wooden appliques in various shapes.

The essential character of both styles of wreaths is imparted by the natural grapevine because of the primary role the grapevine plays in the functioning of the products as wreaths. The stuffed textile figures play a secondary role in decorating the wreaths.

The applicable subheading for both styles of grapevine wreaths, item # 933568, will be 4602.10.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles made from plaiting materials, of other vegetable materials, 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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