The tariff classification of plastic aquarium plants from China.

N205519 March 12, 2012 CLA-2-67:OT:RR:NC:3:348 CATEGORY: Classification TARIFF NO.: 6702.10.2000 Ms. Pamela Pinter Big Apple Customs Brokers 151-02 132nd Avenue Jamaica, NY 11434 RE: The tariff classification of plastic aquarium plants from China. Dear Ms. Pinter: In your letter dated February 22, 2012, on behalf of Blue Ribbon Pet Products Incorporated, you requested a tariff classification ruling. The sample is being returned to you as requested. The four submitted samples are identified as plastic aquarium plants. They are comprised of multi-colored plastic foliage and assembled by means of a snap on construction. Each plant is placed in a base made of molded gravel rock and pebbles that are bound together with a clear poly-resin. These plants are designed to be used as decorations in aquariums or terrariums. These items are considered to be a composite good within the meaning of General Rule Interpretation (GRI) 3. The multi-colored plastic foliage provides the ornamental and decorative appeal of these items and gives them their unique quality and serves to make them distinct. The poly-resin and gravel mix serves the subordinate role of providing a base for the artificial foliage. Therefore, it is the opinion of this office that the multi-colored plastic foliage provides this item with the essential character within the meaning of GRI 3(b). The applicable subheading for the plastic aquarium plants will be 6702.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), 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 Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Rosemarie Hayward at (646) 733-3064. Sincerely, Thomas J. Russo Director National Commodity Specialist Division