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NY L84325




May 16, 2005

CLA-2-46:RR:NC:2:230 L84325

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 berry 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 Liss Item # 941930, identified as “XHD Berry Candle Ring 3in.” A sample of the product was submitted, which will be returned to you as you requested.

The sample is a decorated wreath, which may be placed around a candle or hung on a door or wall. The wreath is composed of a 5/8” thick bundle of dried natural grapevines twisted around together into a 5” diameter circle. The front surface of the wreath is decorated with plastic red berries on wire stems and fabric leaves.

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

The applicable subheading for the “XHD Berry Candle Ring 3in”, Liss Item # 941930, will be 4602.10.6000, 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, wickerwork. The rate of duty will be free.

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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