The tariff classification of picks from China.

NY F86408 May 25, 2000 CLA-2-67:RR:NC:SP:222 F86408 CATEGORY: Classification TARIFF NO.: 6702.10.2000 Ms. Ruby L. Wood Evans and Wood & Co., Inc. P. O. Box 610005 DFW Airport, TX 75261 RE: The tariff classification of picks from China. Dear Ms. Wood: In your letter dated April 19, 2000, on behalf of Hobby Lobby Stores, you requested a tariff classification ruling. You have submitted five samples of picks. They are designed as artificial fruit. Four of the samples have a plastic coating of acrylic that looks like beads. A string is attached to the top of the artificial fruit for the purpose of hanging as a Christmas tree ornament. The fifth sample, item #XP-320 does not have the beaded coating or a string attached to the top. Item #XP-138 – 8” long gold apple “ XP-139 – 8” long red apple “ XP-140 – 7-1/2” long gold apple “ XP-141 – 7-1/2” long red apple “ XP-320 – 9” long pink/green apple The samples are made of styrofoam and shaped to resemble fruit. The stems are made of wire that has been covered with brown paper. We are unable to render a classification on the above mentioned beaded, artificial fruit identified as items #XP-138, #XP-139, #XP-140 and #XP-141. Please provide marketing literature, brochures or catalog pages as proof that these items are advertised, bought and sold as Christmas tree decorations. The applicable subheading for item #XP-320, designed as an artificial fruit pick without a string attached to the top, 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 Masterson at 212-637-7090. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division