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NY L88104




November 9, 2005

CLA-2-95:RR:NC:SP:225 L88104

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.4000

Ms. Lorianne Aldinger
Rite Aid Corporation
P. O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of artificial plants from China.

Dear Ms. Aldinger:

In your letter dated October 6, 2005, you requested a classification ruling.

The submitted sample is identified as assortment number 942711, Air Plant in a white wash flower pot. The artificial plants are available in three assorted styles. Each style has the same type of plants arranged differently in each pot. This product is composed of 20 percent polyethylene, 32 percent polyester, 5 percent pigment, 3 percent wire and 40 percent clay pot. Two of the plants in the pot are of the pop off bead type.

The sample is returned as you requested.

The applicable subheading for the Air Plant in a white wash pot will be 6702.10.4000, 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: Other, including parts. The rate of duty will be 3.4 percent.

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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