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NY R01591




April 7, 2005

CLA-2-44: RR: NC:2:230 R01591

CATEGORY: CLASSIFICATION

TARIFF NO.: 4420.10.0000

Mr. Michael D. Mason
LTD Commodities, LLC
2800 Lakeside Drive
Bannockburn, IL 60015

RE: The tariff classification of clusters of plastic beaded branches from China.

Dear Mr. Mason:

In your letter dated March 08, 2005, you requested a tariff classification ruling.

The merchandise is described as “Crystal Branches”, item code UQD, manufactured in China. It consists of ten or twelve rigid willow branches, approximately 29 inches long, tied together into bunches using metal wire. Each branch has been decorated with individually attached crystal-like plastic beads. You state that each branch is less than 10mm in diameter. Two samples were submitted having willow branches approximately 7 mm in diameter at the thicker end. You state that the branches are used for display purposes on special occasions or for use all year long.

The applicable subheading for the “Crystal Branches” (item code UQD) will be 4420.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for statuettes and ornaments, of wood. The rate of duty will be 3.2 percent ad valorem.

It should be noted that importations of merchandise containing natural plant materials, as in the above-described product, might be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS). Beginning April 1, 2005, APHIS suspended the importation of craft items from China that contain wooden logs, limbs, branches or twigs greater than 1 centimeter in diameter and have intact bark.

You are advised, in regard to obtaining information on these regulations, to contact the aforementioned agency at the following location:

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 301-734-7799

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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