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NY C83123




January 27, 1998

CLA-2-46:RR:NC:SP:230 C83123

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.6000; 4602.10.1800

Ms. Lori Aldinger
Rite Aid Corporation
Box 3165
Harrisburg, PA 17105

RE: The tariff classification of decorative wreaths and baskets incorporating bunny figures, from China.

Dear Ms. Aldinger:

In your letter dated January 3, 1998, you requested a tariff classification ruling. Two samples were submitted and will be retained for reference. Each appears to be designed to be hung on a door, wall or the like for decorative purposes.

The first item is identified as #980115, "13-Inch Bunny on Wreath Decoration." It consists of a circular bundle of rod-like vines of undisclosed species, bound together with additional pieces of same, with a stuffed-fabric bunny figure glued to the base. The bunny figure holds a small plaited fern basket filled with artificial flowers. Additional artificial flowers are attached to the wreath itself. The wreath is about 13 inches in diameter, and the bunny figure is about 13 inches in height, with its legs dangling below the bottom of the wreath.

For tariff purposes, this product will be considered a composite good whose essential character is imparted by the vine wreath. (The bunny figure and the flowers will be considered merely ornamental enhancements.)

The applicable subheading for item #980115 will be 4602.10.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) articles of vegetable plaiting materials: wickerwork. The rate of duty will be free.

The second item is identified as #980029, "14-Inch Bunny in Basket Decoration." It consists of a stuffed-fabric bunny figure standing amongst artificial flowers within a crescent-shaped basket made of flexible interwoven twigs or vines of undisclosed species. The curved front panel of the basket (which is its main part, in terms of visual impact) is composed mainly of pieces of the twig/vine material which have been split so that they no longer have a fully rounded rod-like cross section. The basket measures about 4" x 12" x 13"(H), including its arching handle. The bunny figure, which is glued into the center of the basket, rises to the area near the crown of the handle.

This product will be considered a composite good whose essential character is imparted by the basket, with the bunny figure and artificial flowers regarded merely as ornamental enhancements.

The applicable subheading for item #980029 will be 4602.10.1800, HTS, which provides for other (than certain enumerated) baskets and bags, whether or not lined, of vegetable plaiting materials. The rate of duty will be 4.5%.

We note that the samples are not marked with their country of origin. Upon importation into the United States, the products will be required to be so marked (e.g., "Made in China"), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach ultimate purchasers.

The importation of these products may be subject to regulations administered by the U.S. Department of Agriculture (USDA). Inquiries concerning applicable regulations may be directed 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 20737-1236

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 212-466-5779.

Sincerely,

Robert B. Swierupski
Director,

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