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NY L83968




April 20, 2005

CLA-2-67:RR:NC:SP:225 L83968

CATEGORY: CLASSIFICATION

TARIFF NO. 6702.10.2000; 7117.90.9000

Ms. Lynn C. Mugno
Floral Concepts International
Lincoln Corporate Center
10 Vanguard Drive, Suite #80
Reading, PA 19606

RE: The tariff classification of artificial foliage and butterfly ornaments from China.

Dear Ms. Mugno:

In your letter dated April 5, 2005, you requested a classification ruling.

You have submitted three samples that are identified as (1) Mixed Bead Holiday Garland, item number 78547, (2) Butterfly Ornaments on metal clips, item number 78367 and (3) Curly Ting Ting, item number 91005.

Item number 78547, the mixed bead garland is composed of 60 percent plastic beads, 30 percent polystyrene foam balls, 8 percent wire and 2 percent gold plastic paper. For tariff purposes, the bead garland is considered to be artificial foliage. The essential character is imparted by the plastic components.

Item number 78367 identifies the butterfly ornaments on metal clips. This product is composed of 80 percent nylon woven fabric, 5 percent plastic, 2 percent glitter, 11 percent polystyrene and 2 percent metal clip.

Item number 91005 identifies the curly ting ting. This product consists of 50 stems per bunch of ting ting that has been dipped in petroleum based metallic green paint.

The applicable subheading for the artificial bead garland will be 6702.10.2000, 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: Assembled by binding with flexible materials such as wire, paper, textile materials, or foil, or by gluing or by similar methods. The rate of duty will be 8.4 percent ad valorem.

The applicable subheading for the butterfly ornaments on metal clips will be 7117.90.9000, HTS, which provides for Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Other. The rate of duty will be 11 percent ad valorem.

Additional information is required before we can render a classification on the curly ting ting, item number 91005. Please provide the botanical name and the common name of the plant material.

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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