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NY K85812

May 24, 2004
CLA-2-67:RR:NC:SP:225 K85812


TARIFF NO. 6702.10.2000

Ms. Cindy Varona
Maxs Wholesale Import Export Inc.
2410 E. 38th Street
Vernon, CA 90058

RE: The tariff classification of artificial fruit in a glass jar from China.

Dear Ms. Varona:

In your letter received in this office on May 4, 2004, you requested a classification ruling.

The submitted sample is identified as style number VM301. This product consists of a glass jar that contains artificial fruit in water. The colored fruit balls are made of two plastic halves that have been glued together. The top of the jar is covered with plastic fabric and wrapped with a textile cord. This glass jar has a capacity of 10.8 ounces. The essential character of this item is imparted by the plastic fruit.

The applicable subheading for the artificial fruit in a jar 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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