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NY L86949




August 23, 2005

CLA-2-67:RR:NC:SP:225 L86949

CATEGORY: CLASSIFICATION

TARIFF NO.: 6702. 10.2000

Mr. Keri Masternak
Cornerstone Consolidated Services Group, Inc. 5568 West Chester Road
West Chester, OH 45069

RE: The tariff classification of pre-lit artificial foliage from Thailand.

Dear Mr. Masternak:

In your letter dated August 8, 2005, on behalf of your client Cinmar, LP, you requested a classification ruling.

The submitted sample is identified as pre-lit artificial foliage. The foliage will be imported in three sizes: small, item number 30058 is 20 inches by 14 inches with 100 lights, medium, item number 30059 is 26 inches by 18 inches with 200 lights and large, item number 30060 is 32 inches by 22 inches with 250 lights. These items are composed of artificial evergreen branches that are made of PVC material. They are designed with metal frame backings. The rectangular shaped pre-lit artificial foliage will come in “knocked-down”, but when assembled they will form a rectangular shape similar to a gift box. The clear lights are intertwined in the artificial branches and light up when plugged in. The pre-lit artificial foliage is designed for indoor and outdoor use. The artificial evergreen pre-lit foliage is not considered a festive article of chapter 95. Therefore, they will be classified in Chapter 67 as artificial foliage.

The sample is returned as you requested.

The applicable subheading for all sizes of the artificial pre-lit foliage, 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.

Sincerely,

Robert B. Swierupski
Director,

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