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NY J89848




October 30, 2003

CLA-2-67:RR:NC:SP:225 J89848

CATEGORY: CLASSIFICATION

TARIFF NO. 6702.10.2000

Ms. Karen Torrini
Napco Marketing Corp.
7800 Bayberry Road
Jacksonville, FL 32256-6817

RE: The tariff classification of artificial foliage from China.

Dear Ms. Torrini:

In your letter dated October 10, 2003, you requested a classification ruling.

You have submitted a photograph depicting five samples of artificial foliage.

Item number 25756 is a Tiny Leaves Berry Spray that consists of styrofoam berries that have been painted red on plastic stems and tiny green textile leaves on plastic stems. The berries and textile leaves are attached to plastic covered wire stems with florist tape. It is composed of 30% styrofoam, 40% polyester, 10% plastic and 20% iron wire. The spray measures 21” in length. The essential character is imparted by the plastic berries.

Item number 25766 is a Tiny leaves Berry Spray. The spray consists of styrofoam berries that have been painted red. The tiny green textile leaves and berries on plastic stems have been attached to wire stems with florist tape. This spray measures 33-1/2” in length. It is composed of 30% styrofoam, 40% polyester, 10% plastic and 20% iron wire. The essential character is imparted by the plastic berries.

Item number 25758 is a Tiny Leaves Berry Triple Wreath. Item number 25759 is a Tiny Leaves Berry Garland. Item number 25757 is a Tiny Leaves Berry Swag. We are unable to render a classification on these items at this time. Please submit marketing literature on the wreath, the garland and the swag. We are requesting a sample of the wreath, the garland and the swag for our review.

The applicable subheading for the artificial foliage item numbers 25756, and 25766 will be 6702.10.2000, 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: 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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