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NY J83527

April 22, 2003

CLA-2-67:RR:NC:SP:225 J83527


TARIFF NO. 6702.90.6500

Ms. Kim Young
BDP International
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a bendable stick tree from China.

Dear Ms. Young:

In your letter dated April 4, 2003, on behalf of your client Meijer Distribution, you requested a classification ruling.

The submitted sample is a bendable stick tree identified as item number 921207. This stick tree is composed of 70% wire and 30% plastic. Multiple strands of wire are intertwined together to form the bendable stick tree. The base of the tree is composed of plastic and houses a 2 ā€œCā€ size battery compartment with an on/off switch on the bottom. The stick tree contains a string of multicolored lights that light up when the switch is in the on position. The batteries enable the lights to twinkle or glow. This stick tree measures 18 inches in height.

Although you identify the submitted sample as a Christmas bendable stick tree, there are no motifs or accepted symbols that would dedicate this tree specifically for use during the Christmas holiday season. In our opinion, the stick tree would be classified in Chapter 67 as artificial foliage. The wire imparts the essential character of this item.

The sample is returned as you requested.

The applicable subheading for the artificial wreath will be 6702.90.6500, 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: Other. The rate of duty will be 17 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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