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NY I87538





November 20, 2002

CLA-2-44:RR:NC:2:230 I87538

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9740

Ms. Julie Scoggan
Evans and Wood & Co., Inc.
612 E. Dallas Rd., Ste 200
Grapevine, TX 76051

RE: The tariff classification of wooden picks and floral stakes from China

Dear Ms. Scoggan:

In your letter dated October 21, 2002, on behalf of the consignee, Hobby Lobby, you requested a tariff classification ruling.

The ruling was requested on wooden floral picks and stakes. Samples of four packages of picks and stakes, identified as item numbers 270017, 270033, 270041 and 270058, were submitted. Except for a few representative pieces from the packages, which will be retained for our reference, the samples will be returned to you as you requested.

Item 270017 consists of a package of 60 pieces of 2-1/2” long wooden floral picks. The picks are green painted wood sticks approximately 2mm square. The sticks have one pointed end and a 4” long thin wire attached to the other end. Item 270033 consists of a package of 60 pieces of 4” long wooden floral picks. Item 270041 consists of a package of 60 pieces of 6” long wooden floral picks. The picks in these two packages are approximately 3mm square. Except for the size, the picks are the same as item 270017. Item 270058 consists of a package of 25 pieces of 15” long green wooden floral stakes. The stakes are round wood dowels approximately 3 mm in diameter. One end of the dowel is cut at an angle or tapered.

The applicable subheading for the wooden floral picks and stakes described above, item numbers 270017, 270033, 270041 and 270058, will be 4421.90.9740, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of wood, other, other. The rate of duty will be 3.3 percent ad valorem.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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