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NY L82442




March 4, 2005

CLA-2-67:RR:NC:SP:225 L82442

CATEGORY: CLASSIFICATION

TARIFF NO. 6702.10.4000

Mr. Kevin Maher
C Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of artificial flowers from China.

Dear Mr. Maher:

In your letter dated February 1, 2005, on behalf of your client Roseart Industries, you requested a classification ruling.

The submitted sample is identified as style number 5623, Lightastic Flower Power. This product is composed of plastic stems, flower centers with small bulbs, snap-on plastic petals and snap-on plastic leaves. This item contains four plastic stems, 15 plastic flower petals in a variety of colors and 3 plastic flower centers of different colors. This product is design with a bowl-like plastic vase. The vase has four small openings in the top for inserting the flower arrangement. The flower arrangement consists of three flowers and a colorful plastic butterfly on green plastic stems. Each flower is designed with five plastic petals, a flower center with a small bulb and plastic green leaves. The plastic flower petals are fashioned in a variety of colors to mix and match creating interchangeable designs. The flower centers glow at various intervals when the switch is turned on. The on/off switch located on the side of the flower vase operates two different cool light effects. Three “AA” size batteries are required to operate this product. Batteries are not included. The plastic flowers impart the essential character to this item.

The sample is returned as you requested.

The applicable subheading for the artificial flowers will be 6702.10.4000, 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: Other, including parts. The rate of duty will be 3.4 percent.

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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