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NY R02866




December 28, 2005

CLA-2-6:RR:NC:2:231 R02866

CATEGORY: CLASSIFICATION

TARIFF NO.: 0604.99.6000; 4602.10.4500

Ms. Ying Lei
Zephyr Business Solutions
5757 N. Sheridan Rd. # 15H
Chicago, IL 60660

RE: The tariff classification of dried foliage from China

Dear Ms. Lei:

In your letter dated November 22, 2005, you requested a tariff classification ruling.

The items in question are described as Dry flowers 1 & 2, Vein flowers 1 & 2 and Imitation flowers. The first two items, (Dry flowers 1 & 2), are described, as follows:

Dry flowers 1: These items are said to be made from small branches, or parts of branches, of the sallow (willow). They are said to be dried, dyed and shaped in different styles. The one sample, submitted with your inquiry, consisted of a willow rod (branch), or split rod, flattened (to about ¼ in width) and extending about 5 inches in length, before being formed into a spiral column (approximately 1 inch in diameter) extending the length of the entire piece another 4½ inches.

Dry flowers 2: These items are said to be made directly from herbage plants, which may be dried, dyed and shaped in different styles. Several samples from this category were submitted:

1. This sample consisted of a single branch, about 13½ inches in length, with several stems growing up out from the main stem and, roughly, parallel to it. There were no leaves or flowers on the stems, which appear to have been dried and died a magenta color.

2. This sample consisted of a dried stem, dyed white, about 10 inches in length, with 2 auxiliary stems growing up and roughly parallel to the main stem. At he end of each stem are what appear to be three dried flowers, consisting of a circular cup of white leaves, either a calyx or floral bracts, into the middle of which has been glued a small red-dyed flower bud.

3. This sample consisted of a thin main stem (about 12 inches in length) with three auxiliary stems attached. Attached at the end of several stems are what appear to be dried, dyed flowers. The entire item is dyed a purple color.

4. This sample, approximately 12 inches in length, consisted of a single, slender grass-like stalk with a fibrous spike, about 2 inches in length at the end. The item appears to have been dyed a light yellowish color.

Of the four samples described above, the magenta-colored stems (sample 1, above) and grass stalk (sample 4, above), are classifiable in heading 06.04, Harmonized Tariff Schedule (HTS).

The applicable subheading for the sallow (willow) will be 4602.10.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: of vegetable materials, other, of one or more of the materials bamboo, rattan, willow or wood: other. The rate of duty will be 6.6 percent of the value.

The applicable subheading for the dried and dyed stems without flowers and grass stems will be 0604.99.6000, Harmonized Tariff Schedule of the United States (HTSUS), 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, other. The rate of duty will be 7 percent of the value.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

With respect to the samples described in (2) and (3), above, a more detailed description of the flowers on these products will be required before a proper classification can be determined. Would you please provide the following information on these samples:

Sample (2): White stems with white calyx and red bud.

What are the common and scientific (genus and species) names for this plant?

What part of the plant is used to form the white leaves around the red bud?

What are the common and scientific names of the plant from which the red flower bud is taken?

What part of the plant is the red bud?

Sample (3): Purple stems with flowers.

On the purple sample, what are the common and scientific names of these plants?

What parts of the plants are used to form the flowers on these stems?

The question of classification for the Vein flowers (1 & 2) and Imitation Flowers is being referred to the Office of Regulations and Rulings, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

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 Thomas P. Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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