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NY L82835




April 4, 2005

CLA-2-46:RR:NC:2:230 L82835

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.6000

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

RE: The tariff classification of an acorn decoration from China

Dear Ms. Massey:

In your letter dated February 25, 2005 you requested a tariff classification ruling.

The ruling was requested on an acorn decoration. A sample of a six-inch high acorn shaped ornament with a hanging loop was submitted. The ornament is made of interwoven stems of a vegetable plaiting material stated to be grapevine. (If the actual product imported is determined to be another material, this ruling will not apply.) The vines are interwoven together in a loose lattice fashion. Inside the woven vine acorn are eight ¾” long artificial acorns tied together in a bunch. The top of the vine acorn is decorated with numerous natural pinecones glued thereon.

The applicable subheading for the acorn decoration described above will be 4602.10.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; of vegetable materials, other, wickerwork. The rate of duty will be free.

Importation of this product may be subject to import regulations administered by the U.S. Department of Agriculture (U.S.D.A.). Information regarding applicable regulations administered by the U.S.D.A. may be addressed to that agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737

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 U.S. Customs and Border Protection (CBP) 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 CBP.

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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