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NY I85089

September 6, 2002

CLA-2-06:RR:NC:2:231 I85089


TARIFF NO.: 0603.90.0000

Mr. Lawrence Pilon, Esq.
Hodes, Keating, and Pilon
39 South La Salle Street, Suite 1020
Chicago, IL 60603-1731

RE: The tariff classification of dried flower decorations from China.

Dear Mr. Pilon:

In your letter, dated August 20, 2002, you requested a tariff classification ruling on behalf of your client, Triumph Plant Company, Inc., New City, NY.

Your sample is being returned as you have requested.

The submitted sample, The Brighteners® “Natural Dried Flowers,” is a dried flower decoration that is designed to be mounted on a vertical surface. The item consists of a bouquet of mixed, natural, dried, and scented flowers and foliage. One of the flowers in the bouquet is made of dyed, shaved wood. The bouquet is set in a small, ceramic flowerpot. The anterior of the ceramic flowerpot is flat and it has a Velcro® strip that permits mounting on a vertical surface (i.e., a wall, the side of a computer monitor or a refrigerator). The decoration measures 4 ½ inches in height, 7/16 inch at the base of the flowerpot, and 3 inches in width at the widest point of the bouquet. The item is packaged on a paper card measuring 3 ¾ inches in width and 7 inches in length.

The applicable subheading for dried flower decorations will be 0603.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared, other. The rate of duty will be 4 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030.


Robert B. Swierupski

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