The tariff classification of a decorative wreath from China

N328798 October 24, 2022 CLA-2-46:OT:RR:NC:4:434 CATEGORY: Classification TARIFF NO.: 4602.19.6000; 9903.88.03 Jacky Man Evernoble, Ltd. Unit G, 1/F Hop Hing Industrial Building 704 Castle Peak Road Kowloon, Hong Kong CHINA RE: The tariff classification of a decorative wreath from China Dear Mr. Man: In your letter, dated October 10, 2022, you requested a tariff classification ruling on a decorative door wreath. In lieu of samples, photos and a detailed description were submitted for our review. The item under consideration is a decorative door wreath measuring approximately 18 inches in diameter. The underlying circular wreath form is fashioned from bundled dried vine (Vinifera) wrapped with wire. Sprays of twig-like vine radiate outward from the sides of the form and are visible from the front and sides of the wreath. The face of the wreath is decorated with pinecones and various artificial foliage, including pine branches, feathery evergreen sprigs, Eucalyptus sprigs, and clusters of tiny white berries. You ask whether the wreaths are classified in heading 9505, Harmonized Tariff Schedule of the United States (HTSUS). The wreath does not include any specifically recognized motifs associated with a holiday and would not therefore be aberrant to display at times other than Christmas. The wreaths will be classified based on their constituent materials. The wreaths are composite articles made of vines, plastic, wire, and other incidental materials. Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 3(b) provides that composite articles consisting of different materials or made up of different components shall be classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight, or value, or by the role of a constituent material in relation to the use of the article. The radiating twig-like vines, artificial foliage, and pinecones all contribute to the decorative appeal of the wreath. In addition, the vines provide most of the wreath’s structure and a base on which to attach the foliage and pinecones. Due to the vine’s dual role providing the underlying structure and providing a decorative element, we find that the vines confer the essential character. The dried vines meet the definition of plaiting materials, as set forth in Note 1 to Chapter 46, HTSUS, which states: In this chapter the expression "plaiting materials" means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattans, rushes, reeds, strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or other strips obtained from broad leaves), unspun natural textile fibers, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or nonwovens, human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of chapter 54. The applicable subheading for the wreath will be 4602.19.6000, HTSUS, which provides for “Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: Of vegetable materials: Other: Other: Other: Wickerwork.” The wreath constitutes wickerwork, which is commonly defined as products made of flexible, vegetable twigs or rods, in contrast to strips, filaments, parts of leaves, etc. The rate of duty will be Free. 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 the World Wide Web at https://hts.usitc.gov/current. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 4602.19.6000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, 9903.88.03, in addition to subheading 4602.19.6000, HTSUS, listed above.   The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. The importation of this product 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 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 Charlene Miller at charlene.s.miller@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division