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August 6, 1999

CLA-2-39:RR:NC:SP:222 E84657

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000

Michele Smith
Sears, Roebuck and Co., Inc.
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of a plastic household article from China.

Dear Ms. Smith:

In your letter dated July 2, 1999, you requested a classification ruling.

Stock number 93136 is a cone shape berry topiary in a silver leaf colored pot. It is composed of 80% styrofoam, and 20% terracotta. The berries are composed of plastic, and sprinkled with glitter. This tabletop decoration is 25 inches high.

Your letter of inquiry states that this merchandise is purchased and sold in your Christmas department during the Christmas season.

The sample is returned as you requested.

The applicable subheading for stock no. 93136, will be 6702.10.2000 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 plastics: assembled by binding with flexible materials such as wire, paper, textile materials, or foil, or by gluing or by similar methods. The rate of duty will be 8.4 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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