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NY K86276




June 15, 2004
CLA-2-46:RR:NC:2:230 K86276

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1700

Ms. Rita M. Powell
FTD, Inc.
3113 Woodcreek Drive
Downers Grove, IL 60515

RE: The tariff classification of a vine cornucopia from China

Dear Ms. Powell:

In your letter dated May 19, 2004, you resubmitted your request for a tariff classification ruling.

The ruling was requested on a natural vine cornucopia, article catalog number 041922. A sample of the product was submitted for our examination. The sample consists of a horn shaped basket with an arching handle. The basket is made entirely of interwoven whole rods or stems of passion vine (Passiflora spp.). Larger diameter rods make up the frame shaping the cornucopia; smaller diameter rods are interwoven to fill in all the spaces. The handle is decorated with plastic berries and leaves. The cornucopia will be sold to florists for use in their floral arrangements.

The applicable subheading for the vine cornucopia, article # 041922, will be 4602.10.1700, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles made from plaiting materials; other baskets and bags, whether or not lined, of other vegetable materials, wickerwork. The rate of duty will be free.

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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