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NY L84148




May 6, 2005

CLA-2-46:RR:NC:2:230 L84148

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 April 13, 2005 you requested a tariff classification ruling.

The ruling was requested on a vine cornucopia, article catalog # 0520. A sample of the product was submitted. The sample consists of a horn shaped container approximately 18” long, 9” high and 8” in diameter at its opening. It is made of interwoven whole stems of passion vine (Passiflora spp.). It is decorated at the top of the opening with small plastic fruits and berries and with textile leaves. The cornucopia will be sold to florists for use in their floral arrangements.

The applicable subheading for the vine cornucopia, article catalog # 0520, 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: of vegetable materials; other baskets and bags, whether or not lined, 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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