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NY D80048

August 6, 1998

CLA-2-67:RR:NC:SP:222 D80048


TARIFF NO.: 6702.90.3500

Ms. Catherine Chafin

Waters Shipping Company

P. O. Box 118

Wilmington, NC 28402-0118

RE: The tariff classification of artificial flowers from China.

Dear Ms. Chafin:

In your letter dated June 29, 1998, on behalf of your client D&B Imports and/or Tidewater Designs, Inc., you requested a tariff classification ruling.

You have submitted a sample of artificial foliage. This article is identified as grape ivy topiary. It is composed of snap-on leaves that are made from man-made fiber woven fabric. The grape bunches are made of plastic. The grape ivy topiary is in a wooden container, on a metal frame. In our opinion, the essential character is imparted by the artificial foliage.

The applicable subheading for the grape ivy topiary, will be 6702.90.3500, 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 other materials: other: of man-made fibers. The rate of duty will be 9 percent ad valorem.

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 Masterson at 212-466-5892.


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