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NY K81496

December 29, 2003
CLA-2-46:RR:NC:2:230 K81496


TARIFF NO.: 6307.90.9889

Ms. Terri Ursery
Garden Ridge
Home Decor & Craft Marketplace
19411 Atrium Place, Suite 170
Houston, TX 77084-6099

RE: The tariff classification of straw and fabric covered foam figures from China

Dear Ms. Ursery:

In your letter dated November 18, 2003 you requested a tariff classification ruling.

The ruling was requested on four products, consisting of four different shaped figures made of foam and covered with various materials. Samples of the products were submitted.

Item number 66542, referred to as the “Natural Grass Carrot”, is a 4” long carrot with a 4” long grassy top. The carrot is covered with a dyed woody cane material primarily in the form of triangular shaped strips. The grassy top is made of the woody cane material in the form of triangular strips and slender rods.

Item number 66544, referred to as the “Standing Natural Grass Bunny”, is an 11” tall bunny shaped figure. The bunny is covered with a dyed woody cane material in the form of triangular shaped strips and slender rods.

Item number 66901, referred to as the “Table Top Straw Rooster”, is an 8-1/2” tall rooster. The rooster is covered with a dyed woven fabric composed of linen and rayon. The wings and tail are made of paper and topped in part with straw.

Item number 66506, referred to as the “Duck Ornament” is a 6-1/2” tall duck. The duck is covered with a dyed woven fabric composed of linen and rayon. The tail and a portion of the wings are made of dyed straw.

The applicable subheading for item number 66901 (Table Top Straw Rooster) and item number 66506 (Duck Ornament) will be 6307.90.9889, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other made up (textile) articles. The rate of duty will be 7 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling for item number 66542 (Natural Grass Carrot) or item number 66544 (Standing Natural Grass Bunny). Your request for a classification ruling for these items should identify the woody cane material that covers the items. Please give the specific name (common and botanical) of the plant that the material is derived from. Describe how the plant was processed into the material that was assembled with the products being imported. When this information is available, you may wish to consider resubmission of your request. The samples submitted will be retained in our office for 60 days pending resubmission of your request. If you decide to resubmit your request, please include a copy of this letter.

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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