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NY J89849




October 30, 2003

CLA-2-67:RR:NC:SP:225 J89849

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 two photographs depicting six samples of artificial foliage.

Item number 25760 is a Tiny Leaves Berry Tree 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. The wire stem base of this item is in the shape of a mini tree. It is composed of 35% styrofoam, 35% polyester, 10% plastic and 20% iron wire. The tree measures 21” in height. The essential character is imparted by the plastic berries.

Item number 25761 is a Tiny Leaves Berry Ball Arrangement that consists of styrofoam berries that have been painted red on plastic stems. The red berries and tiny green textile leaves on plastic stems are attached to plastic coated wire stems with florist tape. The wire stem base of Berry Ball is in the shape of a topiary tree. It is composed of 35% styrofoam, 35% polyester, 10% plastic and 20% iron wire. It measures 17” in heigth. The essential character is imparted by the plastic berries.

Item number 25762 is a Tiny leaves Berry Ball Topiary. The topiary consists of styrofoam berries that have been painted red. The green textile leaves and berries on plastic stems have been attached to wire stems with florist tape. The plastic covered wire stem base is in the shape of a 3-tier topiary tree. This item measures 26-1/2” high. It is composed of 35% styrofoam, 35% polyester, 10% plastic and 20% iron wire. The essential character is imparted by the plastic berries.

Item number 25763 is a Tiny Leaves Berry Spiral Tree. It consists of styrofoam berries that have been painted red on plastic stems. The green textile leaves on plastic stems and the red berries on plastic stems are attached to wire stems that have been covered with florist tape. The wire stem base is in the shape of a small spiral tree. The spiral tree is composed of 35% styrofoam, 35 polyester, 10% plastic and 20% iron wire. It measures 33” in height. The essential character is imparted by the plastic berries.

Item number 25764 is a Tiny Leaves Berry Wreath. We are unable to render a classification on this item at this time. Please submit marketing literature and a sample of the wreath for our review.

The applicable subheading for the artificial foliage item numbers 25760, 25761, 25762, and 25763 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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