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NY E83320




July 8, 1999

CLA-2-67:RR:NC:SP:222 E83320

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

Ms. Mary Van der Vieren
Wal Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of dancing flowers from China.

Dear Ms. Van der Vieren:

In your letter dated June 8, 1999, you requested a tariff classification ruling.

The submitted sample is identified as dancing flowers, item #33200. This item consists of four artificial flowers in a plastic flower pot. The flowers are composed of man-made fiber woven green leaves and blue, pink and white man-made fiber woven petals that surround a brown center. The stems are made of wire that has been covered with green plastic. The flowers are in a plastic flower pot that appears to be filled with dirt made of plastic.

The dancing flowers use three “AA” batteries (included). An off/on push button is located on the front of the flower pot. The battery compartment is located under the base of the pot. For motion activation, move the switch (located under the base of the pot) to high/low positions. Waving of your hands past the motion sensor will activate the dancing of the flowers to the music. The movement of the flowers and leaves are coordinated with the song. The man-made fiber woven leaves and flower pedals imparts the essential character of this product.

The sample is returned as you requested.

The applicable subheading for the dancing flowers 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...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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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