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NY E86229

September 20, 1999

CLA-2-67:RR:NC:SP:222 E86229


TARIFF NO.: 6702.10.2000

Mr. James J. Kelly
Barthco Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a plastic pick from Hong Kong.

Dear Mr. Kelly:

In your letter dated August 12, 1999, on behalf of Godiva Chocolates, Inc., you requested a classification ruling.

The submitted sample is a pick composed of imitation berries made of styrofoam and painted with a lacquer finish. The leaves are composed of man-made fibers with a plastic backing. The beads are made of plastic. The entire pick is held together by wire that has been bound with brown paper tape. Your letter of inquiry states that the picks will be used to decorate candy boxes during the Christmas season. The pick, however, does not include any flowers or foliage associated with Christmas. It is excluded from classification as a festive article in chapter 95.

The applicable subheading for the plastic pick 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.


Robert B. Swierupski

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