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NY L82345




February 14, 2005

CLA-2-14:RR:NC:2:228 L82345

CATEGORY: CLASSIFICATION

TARIFF NO.: 1404.90.0000

Ms. Yolanda S. Massey
Michaels Stores Procurement Company, Inc. 8000 Bent Branch Drive
Irving, TX 75063

RE: The tariff classification of a decorative article from China.

Dear Ms. Massey:

In your letter dated January 18, 2005, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. The item, described as “mixed fruit topiary”, is a cone shaped decorative article made by gluing natural pinecones, polyester leaves, and plastic acorns, hazelnuts, and walnuts onto a wire frame that has been covered with natural vine. It measures approximately 18 inches tall and approximately 6 ½ inches in diameter at the base.

The applicable subheading for the “mixed fruit topiary” will be 1404.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetable products not elsewhere specified or includedother. The rate of duty will be free.

The Food and Drug Administration and/or the Department of Agriculture may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

You may contact the USDA at:

USDA
4700 River Road, Unit 136
Riverdale, MD 20737
Tel. (301) 734-8645 or (301) 734-8896

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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