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NY L84385




May 17, 2005

CLA-2-39:RR:NC:SP:233 L84385

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.3500; 6702.10.2000

Ms. Yolanda S. Massey
Import Manager
Michaels
8000 Bent Branch Drive
Irving, TX 75063

RE: The tariff classification of beaded garland from China.

Dear Ms Massey:

This letter replaces ruling number NY L84240 in order to correct a clerical error in SKU #10351743 – lavender bead garland. A corrected ruling appears below.

In your letter dated April 21, 2005, you requested a tariff classification ruling.

The submitted samples consist of beaded garland as follows:

SKU#10369102-6’ beaded garland is made of clear plastic beads strung and twisted onto wire six feet in length. The article is packaged in a clear plastic bag with a header card for retail sale. The plastic beads impart the essential character of this item.

SKU#10352279-6’ beaded garland wrapped wire is made of clear plastic beads strung and twisted onto white paper wrapped wire six feet in length. The article is packaged in a clear plastic bag with a header card for retail sale. The plastic beads impart the essential character of this item.

SKU#10369103-6’ beaded pearl garland is made of plastic pearl beads strung and twisted onto wire six feet in length. The article is packaged in a clear plastic bag with a header card for retail sale. The plastic pearl beads impart the essential character of this item.

SKU#10351743-6’ lavender bead garland with leaves and wrapped wire is made of clear lavender colored plastic beads strung and twisted onto wire forming floral sprigs. The sprigs are attached to green paper wrapped wire six feet in length. The article is packaged in a clear plastic bag with a header card for retail sale.

The applicable subheading for SKU#10369102-6’ beaded garland, SKU#10352279-6’ beaded garland wrapped wire, and SKU#10369103-6’ beaded pearl garland will be 3926.90.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other articles of plastics... Other: Beads, bugles and spangles, not strung (except temporarily) and not set; articles thereof, not elsewhere specified or included: Other.” The rate of duty will be 6.5% ad valorem.

The applicable subheading for SKU#10351743-6’ lavender bead garland with leaves and wrapped wire will be 6702.10.2000, 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% ad valorem.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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