CLA-2-39:OT:RR:NC:SP:233
Ms. Lisa Pietz
Page and Jones, Inc.
52 North Jackson Street
P.O. Box 2167
Mobile, AL 36652
RE: The tariff classification of a cone topiary and two sprays from China.
Dear Ms. Pietz:
In your letter dated July 31, 2008, on behalf of CCC Associates dba Caffco International, you requested a tariff classification ruling. The samples which you submitted are being returned as requested.
You have submitted samples and descriptions for three decorative items. Item XMD590583 is a 36 inch high cone topiary. The topiary has a metal frame and is decorated with plastic sequins and beads in a metal pot. The cone shape resembles a tree and its use is for table top decoration. Item numbers XS573586 and XS588986 are decorative floral sprays. XS573586 is a steel wire covered in paper tape with random wire painted gold and then adorned with beads and sequins. This spray will be sold in various colors. XS588986 is a spray representing abstract holly leaves and berries. It is assembled on a paper tape covered with random wires covered in glitter and faux gem berries. This item will be sold in red, cream, white, blue, burgundy and gold.
The applicable subheading for the seasonal decorations will be 3926.90.3500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other articles of plastics... beads, bugles and spangles... articles thereof, not elsewhere specified or included, other.” The rate of duty will be 6.5% 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 Lawrence Mushinske at (646) 733-3036.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division