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NY M82533




May 11, 2006

CLA-2-46:RR:NC:2:230 M82533

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1700; 4602.10.6000

Ms. Bernadette Placido
QVC, Inc.
Studio Park, Mail Code 211
1200 Wilson Drive
West Chester, PA 19380-4262

RE: The tariff classification of a vine swan and a vine pig from China

Dear Ms. Placido:

In your letter dated April 11, 2006 you requested a tariff classification ruling.

Samples of two products were submitted. The products are described as a “Berried Swan”, QVC ID Number 5351914 (5351914GM27 on the sample tag) and a “Berried Pig”, QVC ID Number 5351914 (5351914CO27 on the sample tag). The products are available in other sizes besides the samples. The samples will be returned to you as you requested.

The “Berried Swan” is a decorative container in the form of a resting swan. It measures approximately 14” long x 6” wide x 11” high and has an oval shaped 5” x 3” opening on top. It is made of natural vine twisted to shape over a metal wire frame. The vine swan is embellished with dried natural berries on its wings, artificial moss with tiny polyester leaves and tiny red foam berries throughout the surface. The essential character is imparted by the vine because of the more important role it plays in making the container.

The “Berried Pig” is a decorative figure representing a sitting pig. It measures approximately 12” long x 6” wide x 8” high and has no functional aspects. The pig is composed of natural vine twisted to shape over a metal wire frame. The vine pig is embellished with natural dried berries on its ears, artificial moss with tiny polyester leaves and tiny red foam berries throughout the surface. The essential character is imparted by the vine because it is the most prominent material in composition and visibility.

The applicable subheading for the “Berried Swan”, QVC ID Number 5351914 (5351914GM27 on the sample tag), will be 4602.10.1700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: Of vegetable materials: Other baskets and bags, whether or not lined: Other: Wickerwork. The rate of duty will be free.

The applicable subheading for the “Berried Pig”, QVC ID Number 5351914 (5351914CO27 on the sample tag), will be 4602.10.6000, HTSUS, which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: Of vegetable materials: Other: Other: Wickerwork. The rate of duty will be free.

Importation of these products may be subject to import regulations administered by the U.S. Department of Agriculture (U.S.D.A.). Information regarding applicable regulations administered by the U.S.D.A. may be addressed to that agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP.

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.

Sincerely,

Robert B. Swierupski
Director,

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