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NY J88641




September 16, 2003

CLA-2-67:RR:NC:SP:225 J88641

CATEGORY: CLASSIFICATION

TARIFF NO. 6702.90.3500

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of an artificial rose in a glass ball from China.

Dear Ms. Santos:

In your letter dated August 29, 2003, you requested a classification ruling.

The submitted sample is identified as item number 251451, a Rose in a Glass Ball. The rose is made of polyester woven fabric. It is set inside a glass ball that has an opening at the top and a flat bottom. The glass container has clear acrylic inside that holds the rose in place. The rose will be available in red, cream and other colors. The component breakdown of this item is 60% polyester and 40% glass. The essential character is imparted by the artificial rose flower.

The sample is returned as you requested.

The applicable subheading for the artificial rose in a glass ball will be 6702.90.3500, 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: Other: of man-made fibers. The rate of duty will be 9 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.

Sincerely,

Robert B. Swierupski
Director,

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