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NY L83162




March 30, 2005

CLA-2-46:RR:NC:2:230 L83162

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.6000; 0604.99.6000; 6307.90.9889; 3926.40.0000

Mr. Michael Skidmore
Customs Consultant
103 Greenleaf St.
Quincy, MA 02169

RE: The tariff classification of a grapevine wreath, cross, swag, wall pocket and butterfly ornaments from China

Dear Mr. Skidmore:

In your letter dated February 22, 2005, on behalf of Potpourri Group Inc., you requested a tariff classification ruling.

The ruling was requested on five decorative products. The products consist of a garden wreath, a floral cross, a sea shore swag, a rustic wall pocket and butterfly ornaments. Samples of each of the products were submitted.

Style # W61845, the Birdhouse Garden Wreath, is a decorated circular wreath made of natural grapevines. The sample consists of an 11” diameter wreath composed of a 2” wide circular bundle of grapevines twisted and held together with additional grapevine stems. The front circumference of the wreath is decorated with artificial leaves and flowers. The center of the wreath is decorated with three painted wooden birdhouses and fence pickets.

Style # R99245, the Floral Cross Wreath, is a decorated cross-shaped wreath made of natural grapevines. The sample consists of an 18” high x 12” wide cross composed of a 2” wide x 1” thick bundle of dried grapevines. The front of the cross is covered with dried moss. The center of the cross is decorated with artificial flowers and foliage.

Style # N64751, the Sea Shore Swag, is a decorated arc shaped swag made of natural grapevines. The sample consists of a curved arc approximately 18” long composed of a 2-1/2” wide x 1” thick bundle of dried grapevines. The front of the swag is decorated with polystone shells and dried flowers and nuts.

Component material value breakdowns were submitted for the three products described above, which show that the values of the decorative materials exceed the values of the grapevine wreath, cross and swag. However, we believe that the essential character of these products is imparted by the grapevine wreath, cross and swag. It is the grapevine which gives the articles their form and identity. Although valuable, the decorative materials play a secondary role in making these articles.

The applicable subheading for style # W61845 (Birdhouse Garden Wreath), style # R99245 (Floral Cross) and style # N64751 (Sea Shore Swag) will be 4602.10.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; of vegetable materials, other, wickerwork. The rate of duty will be free.

Style # N64727, the Rustic Wall Pocket, is a wall decoration consisting of a mottled-brown, metal container, approximately 5 inches high. The container itself has a flat back, about 4-¾ inches across, and a rounded (semicircular) front, with an enclosed bottom and open top. The top 2 inches of the rounded container front are decorated with bands of green and brown dried moss. A loop of metal wire is attached to the top of container at the back. The wire hinges up to serve as a hanger for fastening on a wall. This container decoration comes in three styles, distinguished by the materials that are used to fill the containers. One container is filled with natural wood stems, topped with orange colored textile flowers with green textile leaves. A second style consists of dried natural grass stems with dried heads. The third consists of purple-dyed natural ground foliage.

The applicable subheading for style # N64727 (Rustic Wall Pocket) will be 0604.99.6000, HTSUSA, which provides for foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared; other, other. The rate of duty will be 7 percent ad valorem.

Importation of these products 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

Style # E22100, the Butterfly Ornaments, are an assortment of four decorative butterflies attached to small metal clips. The sample butterflies have wing spans of 6”, 8” and 10”. They are suitable for general decoration, not personal adornment. The butterflies have polyresin bodies and bendable textile or plastic wings with one piece of wire in the middle of each wing. Three of the butterflies have wings made of painted woven fabric with glitter, and one butterfly has clear plastic wings with gold trim. The wings comprise the greatest value and area of the butterfly ornaments and they impart the essential character.

The applicable subheading for style # E22100 (Butterfly Ornaments) with textile wings will be 6307.90.9889, HTSUSA, which provides for other made up (textile) articles. The rate of duty will be 7 percent ad valorem.

The applicable subheading for style # E22100 (Butterfly Ornaments) with plastic wings will be 3926.40.0000, HTSUSA, which provides for statuettes and other ornamental articles of plastics. The rate of duty will be 5.3 percent ad valorem.

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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