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

Ms. Una Gauthier
CVS Onsite Import Client Liaison
Barthco International, division of OHL
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of harvest vine wreaths from China

Dear Ms. Gauthier:

In your letter dated April 22, 2009, on behalf of CVS/Pharmacy, you requested a tariff classification ruling.

The ruling was requested on an assortment of two styles of harvest wreaths, item 692348. Samples of the two styles of wreaths were submitted for our review. The samples will be returned to you as you requested.

Both wreaths are constructed of natural dried vines. Bundles of vines are wound around into circular wreaths, measuring approximately 1 ¼” thick and 8” in diameter. The circular shape is reinforced with twine. In addition, twine formed into a loop at the top serves as a hanger. The wreaths are decorated with seasonal fabric pieces glued on the front. One style has a stuffed scarecrow head and arms holding a wooden “Harvest” sign glued in the center at the bottom of the wreath. The other style has a stuffed scarecrow head and arms holding a wooden “Welcome” sign glued at the center bottom. Each wreath also has three small felt fabric cutouts of leaves and one stuffed felt fabric pumpkin and either an acorn or a flower glued around the front of the rest of the wreath.

The wreaths are composite goods composed of natural vine and textile decorations. The essential character is imparted by the vine which determines the nature of the product as a natural vine wreath. The textile decorations enhance the product, but are not so overwhelming so as to change the nature of the product.

The applicable subheading for the harvest style vine wreaths, item # 692348, will be 4602.19.6000, 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 (than of bamboo or rattan): Other (than baskets, bags, luggage, handbags or flatgoods): Other (than of willow or wood): Wickerwork. 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 World Wide Web at http://www.usitc.gov/tata/hts/.

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