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NY I89933

February 14, 2003

CLA-2-46:RR:NC:2:230 I89933


TARIFF NO.: 4602.10.3500

Mr. Thomas J. Garibaldi
Schmidt, Pritchard & Co., Inc.
9801 West Lawrence Avenue
Schiller Park, IL 60176

RE: The tariff classification of an autumn berry twig wreath from China

Dear Mr. Garibaldi:

In your letter dated January 23, 2003, on behalf of your client, Euromarket Designs Inc., you requested a tariff classification ruling.

The ruling was requested on an autumn berry wreath, item # 232-025. A sample of the product was submitted. It consists of a natural twig wreath decorated with sprays of artificial berries. The wreath is a circular bundle of woody twigs bound together with wire. Attached to the wreath with wire and glue are multiple short artificial branches of orange berries. The essential character of this composite good is imparted by the twig wreath because of the role it plays in the functioning of the product as a wreath. The artificial berries play a secondary role in decorating the wreath.

The applicable subheading for the autumn berry twig wreath, item # 232-025, will be 4602.10.3500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; of vegetable materials; other; of one or more of the materials bamboo, rattan, willow or wood; wickerwork. The rate of duty will be free.

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.


Robert B. Swierupski

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