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NY F86402




May 30, 2000

CLA-2-67:RR:NC:SP:222 F86402

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.10.2000; 9505.10.2500

Ms. Ruby L. Wood
Evans and Wood & Co., Inc.
P. O. Box 610005

DFW Airport, TX 75261

RE: The tariff classification of picks from China.

Dear Ms. Wood:

In your letter dated April 19, 2000, on behalf of Hobby Lobby Stores, you requested a tariff classification ruling.

You have submitted four samples of picks. Three of the picks are artificial fruit. They are designed with flocked material and glitter. The fourth sample is a Christmas pick that consists of holly leaves, berries, a plastic apple and iridescent plastic strips. The leaves are made of man-made fiber woven fabric, the berries and apple are made of styrofoam, covered with a metallic sparkles and plastic beads.

The artificial fruit picks are made of styrofoam and shaped to resemble various fruit. The stems of the fruit are made of wire that has been covered with brown paper. The wire is inserted into the fruit and glued in place. The item numbers for the four picks are as follows:

Item #XP-322 – flocked glitter apple
“ XP-323 – flocked glitter pear
“ XP-324 – flocked glitter cluster of grapes “ XP-217 – holly leaves, berries, apple and strips

The applicable subheading for the artificial fruit picks 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.

The applicable subheading for the Christmas pick, item #XP-217, will be 9505.10.2500, HTS, which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other, other. The rate of duty will be free.

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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