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NY J89851




October 30, 2003

CLA-2-67:RR:NC:SP:225 J89851

CATEGORY: CLASSIFICATION

TARIFF NO. 6702.10.2000; 6702.90.3500

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 15, 2003, you requested a classification ruling.

You have submitted four photographs depicting ten samples of artificial foliage.

According to U.S. Customs New York Region Informational Pipeline "Guidelines for Submission of Ruling Requests", requests should contain not more than 5 items in order to be accepted, see the attached pipeline. This ruling will only apply to item numbers listed as (1) 25781, (2) 25784, (3) 25779, (4) 85987 and (5) 85988.

Item number 25781 is a Red Caspia Spray that consists of brush foliage made of textile and painted red. The textile foliage is attached to plastic coated wire stems with florist tape. It is composed of 70% polyester, 10% plastic and 20% iron wire. The spray measures 26” in length. The essential character is imparted by the man-made fiber foliage.

Item number 25784 is a Red Caspia with Berry Spray. This spray consists of styrofoam berries and textile brush foliage that have been painted red. The foliage and berries are attached to coated plastic wire stems with florist tape. The berry spray is composed of 30% styrofoam, 20% polyester, 10% plastic, 15% twig wire and 25% iron wire. It measures 32” in length. The essential character is imparted by the plastic berries.

Item number 25779 is a Cream Caspia Spray that consists of textile brush foliage painted a cream color. The foliage is attached to plastic coated wire stems with florist tape. This spray is composed of 70% polyester, 10% plastic and 20% iron wire. It measures 26” in length. The essential character is imparted by the man-made fiber foliage.

Item number 85987 is a Rust Caspia Spray that consists of textile brush foliage. The foliage has been painted a rust color and attached to plastic coated wire stems with florist taps. This spray measures 26” in length. It is composed of 70% polyester, 10% plastic and 20% iron wire. The essential character is imparted by the man-made fiber foliage.

Item number 85988 is a Sage Caspia Spray. It consists of textile brush foliage that has been painted a sage color. The textile foliage is attached to plastic coated wire stems with florist tape. The spray is composed of 70% polyester, 10% plastic and 20% iron wire. It measures 26” in length. The essential character is imparted by the man-made fiber foliage.

The applicable subheading for item numbers 25781, 25779, 85987 and 85988 will be 6702.90.3500, 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: Other: of man-made fibers. The rate of duty will be 9 percent ad valorem.

The applicable subheading for the artificial foliage item number 25784, will be 6702.10.2000, 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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