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NY K81613




December 30, 2003
CLA-2-46:RR:NC:2:230 K81613

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.8000

Ms. Terri Ursery
Garden Ridge
Home Decor & Craft Marketplace
19411 Atrium Place, Suite 170
Houston, TX 77084-6099

RE: The tariff classification of a straw nest pick from China

Dear Ms. Ursery:

In your letter dated November 24, 2003 you requested a tariff classification ruling.

The ruling was requested on a decorative pick, item number KGA85SY/3P. A sample of the pick and a copy of the quote sheet were submitted. The sample consists of a 2-1/2” round nest made of straw glued on top of a coated wire stick. The nest contains three small plastic bird’s eggs. The straw nest pick measures 10” long overall. It is used in flower or other home décor arrangements. A value breakdown for the components shows that the straw exceeds the value of all of the other components combined. The essential character of the pick is imparted by the straw nest because the straw nest comprises the greater area and value of the item.

The applicable subheading for the straw nest pick, item number KGA85SY/3P, will be 4602.10.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles made of plaiting materials, of other vegetable materials, other. The rate of duty will be 2.3 percent ad valorem.

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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