CLA-2-67:OT:RR:NC:N4:422
Ms. Heather Mooney
QVC, Inc.
1200 Wilson Drive
West Chester, PA 19380-4262
RE: The tariff classification of an artificial butterfly bush with LEDs in a pot from China
Dear Ms. Mooney:
In your letter dated November 6, 2009, you requested a tariff classification ruling.
The submitted sample is identified as a Battery Operated Artificial Butterfly Bush Plant in Pot with Timer, Item H165952. This item consists of polyester yellow flowers, polyester green leaves and plastic green buds that are all glued to stems made of wire that is covered with green plastic material. The stems are permanently affixed to artificial moss which, in turn, is permanently affixed in a white pot made of fiberglass.
Each stem is tied to an additional black wire onto which is mounted one or two light emitting diodes (LEDs) for a total of twelve LEDs on the entire item. The LEDs are powered by two “C” batteries that are not included. The item also incorporates a timer that allows the LEDs to power on for six hours each day. This item will also be imported with flowers that are either pink, peach, purple or white in color, as alternatives to the yellow flowers that are on the submitted sample. As you requested, the sample will be returned to you.
This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. The polyester flower petals provide the item’s ornamental and decorative appeal, give the item its unique quality and serve to make it distinct. The leaves and the buds appear to serve the subordinate role of embellishing the beauty of the principal objects, which are the flower petals. Since the stems of the flowers, leaves and buds are permanently affixed to the moss, which in turn is permanently affixed to the pot in which it is held, the pot can’t be used for anything else. The pot is plain in appearance and merely acts as a holder. In addition, the flowers will continue to be displayed for ornamental or decorative purposes even when the LEDs are powered off. Therefore, it is the opinion of this office that the polyester flower petals provide this item with the essential character, within the meaning of GRI 3 (b).
The applicable subheading for Item H165952 will be 6702.90.3500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: of other materials: other: of man-made fibers. The general rate of duty is 9 percent ad valorem.
However, with regard to the applicable rate of duty, Item H165952 is also provided for in heading 9902, HTSUS, which covers a wide variety of goods that have a temporary reduction in their rate of duty, by virtue of legislative action. The subject items meet the prerequisites of 9902.25.6510, HTSUS.
Accordingly, Item H165952 is entitled to beneficial treatment under subheading 9902.25.6510, HTSUS, which provides for artificial flowers of man-made fibers (provided for in subheading 6702.90.35). 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/.
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 Gary Kalus at (646) 733-3055.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division