CLA-2-72:RR:NC:1:117

Yolanda S. Massey
Michaels Stores Procurement Company
8000 Bent Branch Drive
Irving, TX 75063

RE: The tariff classification of various products used in floral arrangements from China.

Dear Ms. Massey:

In your letter dated November 21, 2006 you requested a tariff classification ruling. Representative samples were submitted with your request.

The first three items, all comprised of nonalloy steel with carbon contents ranging from 0.06 % to 0.12 %, are different types of wire. Item #52201M is 22 gauge green painted steel paddle wire. Item #60265M, referred to as “Quick Snip”, is 26 gauge steel wire coiled around a plastic spool with a cutting device attached. Item #60033M is a spool of 32 gauge cloth covered wire. Item #60045M is a green colored wooden pick with wire attached. These picks are used to support flower stems when inserted into the foam base of an arrangement. The last item, identified as #60031M, consists of a narrow woven fabric that has been visibly coated on one side with a compact polyethylene plastic and a rubberized adhesive (caoutchouc, colophony) coating on the other. This tape measures about ¼” in width and will be imported in spools.

The applicable subheading for the green painted wire (Item #52201M) will be 7217.90.5030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wire of iron or nonalloy steel, other, other, containing by weight less than 0.25 percent of carbon. The rate of duty will be free.

The applicable subheading for the “Quik Snip” wire (Item #60265M) will be 7217.10.4090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wire of iron or nonalloy steel, not plated or coated, whether or not polished, containing by weight less than 0.25 percent of carbon, round wire, with a diameter of less than 1.5 mm, other. The rate of duty will be free.

The applicable subheading for the cloth covered wire (Item #60033M) will be 7217.10. 4090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wire of iron or nonalloy steel, not plated or coated, whether or not polished, containing by weight less than 0.25 percent of carbon, round wire, with a diameter of less than 1.5 mm, other. The rate of duty will be free.

Because it is the wood, and not the wire, that imparts the essential character of the wooden picks the applicable subheading for Item #60045M will be 4421.90.9740, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of wood, other, other, other. The rate of duty will be 3.3 percent ad valorem.

As the essential character of the tape is imparted by the rubberized adhesive, the applicable subheading for Item #60031M will be 5906.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for rubberized textile fabrics,…adhesive tape of a width not exceeding 20 cm. The rate of duty will be 2.9 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 Gloria Stingone at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division