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NY J89850




October 30, 2003

CLA-2-67:RR:NC:SP:225 J89850

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 three photographs depicting six samples of artificial foliage.

Item number 25325 is a Gold Twig Berry Spray that consists of styrofoam berries on plastic stems attached to plastic coated wire stems with florist tape. The spray has been painted gold. It is composed of 65% styrofoam, 10% plastic and 25% iron wire. The spray measures 33” in length. The essential character is imparted by the plastic berries.

Item number 25327 is a Red/Green Twig Berry Spray. This spray consists of styrofoam berries that have been painted red. The berries are attached to coated plastic wire stems with florist tape. The berry spray is composed of 65% styrofoam, 10% plastic, and 25% iron wire. It measures 33” in length. The essential character is imparted by the plastic berries.

Item number 25321 is a Red Berry Vine that consists of styrofoam red berries on plastic stems. The red berries, green textile leaves and brush red painted foliage is attached to plastic coated wire stems with florist tape. This berry vine is composed of 50% styrofoam, 20% polyester, 10% plastic and 25% iron wire. It measures 30” in length. The essential character is imparted by the plastic berries.

Item number 25320 is a Burgundy Berry Vine that consists of styrofoam berries, green textile leaves and plastic brush foliage painted burgundy. The foliage, green leaves and foliage on plastic stems have been attached to wire stems with florist tape. This berry vine measures 30” in length. It is composed of 50% styrofoam, 20% polyester, 10% plastic and 25% iron wire. The essential character is imparted by the plastic berries.

Item number 25769 is a Cedar Berry Spray. It consists of 6 natural pine cones, plastic berries that have been painted red, green textile brush foliage and textile cedar pine needles on wire stems that have been covered with plastic. The wire stems are attached to base wire stems and covered with florist tape. The spray is composed of 40% polyester, 40% plastic and 20% iron wire. It measures 32” in length. The essential character is imparted by the plastic berries.

Item number 25770 is a Cedar Berry Vine. It consists of 6 natural pine cones, plastic berries that have been painted red, green textile brush foliage and textile cedar pine needles on wire stems that have been covered with plastic. The wire stems are attached to base wire stems and covered with florist tape. The spray is composed of 40% polyester, 40% plastic and 20% iron wire. It measures 37” in length. The essential character is imparted by the plastic berries.

The applicable subheading for the artificial foliage item numbers 25325, 25327, 25321, 25320, 25769 and 25770, 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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