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NY F81869

February 10, 2000

CLA-2-46:RR:NC:SP:230 F81869


TARIFF NO.: 4602.10.6000; 6702.90.3500; 4602.10.1800

Mr. Ted Conlon
Four Star International Trading Co.
229 East Main Street, Suite 201
Milford, MA 01757

RE: The tariff classification of wreaths and baskets from China.

Dear Mr. Conlon:

In your letter dated January 11, 2000, you requested a tariff classification ruling. Three samples were submitted and will be retained for reference.

Item 23191030H is a “fall wreath” consisting of bundled vines formed into a ring measuring 12 inches in diameter. (While you identify the vines as rattan, they actually appear to be another type of plant, such as grapevine.) Some textile ribbon, artificial fruit/foliage, and a small fabric/maize scarecrow are affixed as ornamentation, but the product remains essentially a vine wreath.

The applicable subheading for the #23191030H “fall wreath” will be 4602.10.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of vegetable plaiting materials: wickerwork. The rate of duty will be free.

Item 23191031H is a “fall basket” consisting of a circular, woven-vine sheet, about 9 inches in diameter, which has been curved into a concave shape and fitted with a fixed, arching vine handle. Permanently mounted within the basket, and occupying all of the available space, are some pinecones, strips of maize, plastic fruit, woven man-made textile fiber leaves, and a small fabric/maize scarecrow. These contained items together form a display that gives the overall article its main visual impact; the basket is merely a holder that cannot serve as a receptacle for anything else. We thus find that the components held within the basket collectively impart the product’s essential character. However, since those respective components are made of different materials and fall in different tariff headings, we will resort to General Rule of Interpretation 3(c), HTS, which in this instance leads to the provision for the artificial foliage of textile fabric. The applicable subheading for the #23191031H “fall basket” will be 6702.90.3500, HTS, which provides for artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: of other materialsof man-made fibers. The rate of duty will be 9%.

Item 23190160H, “cornucopia,” is a horn-shaped basket composed of a bare-bones metal-wire framework that is almost entirely covered and concealed by twisted bundles of seagrass strip. The article is roughly 17 inches in length and has an opening about 7 inches in diameter. The area near the opening is ornamented with a few painted sheet-metal leaves. Since the seagrass allows the product to function as a receptacle, and also dominates it in terms of surface area and appearance, it will be considered the material that imparts the essential character.

The applicable subheading for the #23190160H “cornucopia” 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. When imported into the United States, the goods 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 the ultimate purchaser.

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 212-637-7009.


Robert B. Swierupski

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