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NY L84298




May 11, 2005

CLA-2-46:RR:NC:2:230 L84298

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.6000

Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of a decorated grapevine candle ring from China

Dear Mr. Stinson:

In your letter dated April 15, 2005 you requested a tariff classification ruling.

The ruling was requested on a product referred to as “XHD Ice/Berry Candle Ring 3in, Liss Item # 941934.” A sample of the product was submitted, which will be returned to you as you requested.

The sample is a decorated ring to be placed around a candle up to 3” in diameter. (The candle is not included.) It consists of a wreath-like circular bundle (approximately 1” thick and 5” in diameter) of dried natural grapevines. The grapevine ring is decorated with plastic twigs covered with plastic ice chips, plastic pine needles, artificial red berries and natural pinecones.

The essential character of the product is imparted by the grapevine ring, which forms the primary basic product. Although extensive, the decorations do not overwhelm the product’s identity as a candle ring made of grapevines.

You state that the candle ring will be used as an Xmas decoration and suggested classification as a Christmas ornament in subheading 9505.10.2500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). However, the subject candle ring is made from natural grapevines and is therefore not classifiable as a festive article of heading 9505.

The applicable subheading for the “XHD Ice/Berry Candle Ring 3in, Liss Item # 941934” will be 4602.10.6000, HTSUSA, which provides for basketwork, wickerwork and other articles, made from plaiting materials, 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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