CLA-2-95:OT:RR:NC:N2:225

Ms. Maureen Metzinger
Creative Design Studio
601 West 26th Street
New York, NY
Concord, NC 28027

RE: The tariff classification of a natural pine cone garland from China.

Dear Ms. Metzinger:

In your letter dated March 5, 2009, you requested a tariff classification ruling.

You submitted a sample of style #2695585, “100% Natural Pine Cone Garland”, which consists of a pre-strung 100% natural pinecone garland that measures approximately 72” in length. Although the article’s hangtag suggests Christmas use, since it is made of natural and not artificial pinecones, it is not classifiable as a festive article in 9505, HTSUS.

The applicable subheading for style 2695585, “100% Natural Pine Cone Garland”, will be 0604.99.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared: Other: Other: Other." The rate of duty will be 7% 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/.

We are unable to rule on style # 269016, “100% Zinc Alloy Hanging Christmas Ornament”, style #267617, “30% Plastic, 70% Silk Flower Ball Ornament”, style #266982, “Christmas Ball Wreath”, and style #265811, “Nylon, Wire and Plastic Gemstone Butterfly Christmas Clip”, without marketing, such as catalog pages, showing how these products will be advertised and used. The samples will be retained with the National Import Specialist for thirty (30) days, pending receipt of the above information. When this information is available, you may wish to consider resubmission of your request.

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 Wayne Kessler at (646) 733-3026.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division