CLA-2-46:OT:RR:E:NC:2:230

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Ave.
Fort Lauderdale, FL 33301

RE: The tariff classification of birch twig wall decorations from China

Dear Mr. Crago:

In your letter dated December 13, 2007, on behalf of Longs Drugs, you requested a tariff classification ruling.

The ruling was requested on an assortment of two styles of leaf shaped wall decorations, item # A076FA00994. A photograph and a description of the products were submitted. The assortment consists of a plain leaf shaped decoration measuring approximately 18” x 9” x 1-1/4” and an oak shaped leaf decoration measuring approximately 18” x 13” x 1-1/4”. The decorations are stated to be constructed of birch twigs. According to the photograph, the decorations are in the form of outlines of the leaf shapes and are composed of various small diameter twigs, bundled together. The twig leaves are ornamented with orange polystyrene plastic foam berries. The material composition is stated to be 90% treated birch twigs and 10% plastic.

The applicable subheading for the birch twig wall decorations, item # A076FA00994, described above, will be 4602.19.3500, 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 (than of bamboo or of rattan): Other (than baskets, luggage, handbags or flatgoods): Of willow or wood: Wickerwork. The rate of duty will be free.

Importation of these products 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 Paul Garretto at 646-733-3035.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division