The tariff classification of a vine wreath with artificial berries from China

NY M80825 February 23, 2006 CLA-2-46:RR:NC:2:230 M80825 CATEGORY: Classification TARIFF NO.: 4602.10.6000 Mr. Joseph Stinson Liss Global, Inc. 7746 Dungan Road Philadelphia, PA 19111 RE: The tariff classification of a vine wreath with artificial berries from China Dear Mr. Stinson: In your letter dated January 29, 2006 you requested a tariff classification ruling. The ruling was requested on Liss Item # 944393, described as the “Har Wreath Fall Berry.” A sample of the product was submitted, which will be returned to you as you requested. The sample is a 15” diameter decorated wreath. The wreath is composed of a 2” thick circular bundle of natural vines held in place with thin wire. You obtained additional information from the supplier stating that the vines are from a climbing shrub known locally as “tu fu ling” (Similax glabra roxb). The wreath is decorated in the front with artificial berries on paper-wrapped wire twig sprays. A number of individual approximately 8” long twig sprays holding plastic berries are inserted into the wreath and glued thereon. The product is a composite good composed of natural vines and artificial berries. The essential character of the product is imparted by the vines because of the primary role the vines play in the functioning of the product as a wreath. The applicable subheading for the vine wreath decorated with artificial berries, Liss Item # 944393, will be 4602.10.6000, 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: Other: Wickerwork. The rate of duty will be free. 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, National Commodity Specialist Division