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NY G84486




December 15, 2000

CLA-2-67:RR:NC:SP:222 G84486

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702.90.3500

Ms. Barbara Y. Wierbicki
Tompkins & Davidson
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of an artificial flower gift box from China.

Dear Ms. Wierbicki:

In your letter dated November 15, 2000, on behalf of your client Avon products, Inc., you requested a tariff classification ruling.

The submitted sample is a long stem red rose that incorporates an earring box. It is identified as item #PP216752. The petals and leaves of the artificial flower are composed of man-made fiber woven fabric. The stem is made of plastic. A majority of the petals feature drops of clear plastic that appear as drops of water. The round box is made of molded plastic and covered with red textile fabric. Inside the box is a foam pad for holding a pair of earrings. This box is completely obscured by the petals of the artificial flower. The long stem artificial rose measures approximately 12 inches in length and 4 inches in diameter. The artificial flower imparts the essential character to this article.

The sample is returned as you requested.

The applicable subheading for the long stem artificial rose 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, foliage or fruit: of other materials: other; of man-made fibers. The rate of duty will be 9 percent ad valorem.

The rate of duty will remain unchanged in 2001.

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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