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NY J81119

February 27, 2003

CLA-2-67:RR:NC:SP:225 J81119


TARIFF NO. 6702.10.2000

Ms. Darlene D. Jones
Schenker, Inc.
1300 Diamond Springs Road, Suite Suite 300 Virginia Beach, VA 23455

RE: The tariff classification of a polyfoam lighted cactus from China.

Dear Ms. Jones:

In your letter dated January 14, 2003, on behalf of your client General Foam Plastics Corp., you requested a classification ruling.

The submitted sample is a lighted cactus. The material components consist of polyvinyl chloride, wire, polyfoam, plastic and cement. The base of the cactus is made of wood that allows the article to stand upright. The polyfoam cactus is covered with green polyvinyl chloride material. A string of 50 clear mini electric lights are seen at various intervals in the polyfoam. The polyfoam cactus with mini lights is designed for indoor use only. The plastic components impart the essential character to the lighted cactus. A lighted cactus is not an accepted symbol of Christmas festivities and would not be classified in Chapter 95. The lighted cactus is considered to be artificial foliage. Classification of this article will be in Chapter 67.

The applicable subheading for lighted cactus 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.

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 Wong at 646-733-3026.


Robert B. Swierupski

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