CATEGORY: Classification s384

NY J82800

April 2, 2003

CLA-2-67:RR:NC:SP:225 J82800

CATEGORY: Classification

TARIFF NO. 6702.10.2000

Mr. Joseph Stinson Liss Global, Inc. 7746 Dungan Road Philadelphia, PA 19111

RE: The tariff classification of a cluster of artificial grapes from China.

Dear Mr. Stinson:

In your letter dated March 22, 2003, you requested a classification ruling.

The sample you have submitted is identified as item number 932258, grape cluster. The stems are made of wire that has been covered with brown paper. The multicolored leaf is made of paper and coated with plastic. The grapes are made of plastic with tiny holes in the top. A thin wire wrapped with brown paper has been inserted through the hole in the plastic grape and attached to the stems. The stems with the grapes are bound to the vine creating the cluster. The cluster of grapes measures 8 inches in length. The grape clusters are intended for use as table decorations.

Your letter of inquiry states you believe that this grape cluster would be classified under tariff number 6702.10.4000. However, classification under 6702.10.4000 applies to artificial fruit of the snap-on/off type. The grapes are attached to the vine with wire stems that have been glued thereon. The grapes are permanently affixed to the vine. Therefore, classification of the artificial grape cluster will be 6702.10.2000.

The sample is returned as you requested.

The applicable subheading for the artificial grape cluster, item number 932258, will be 6702.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: Of plastics: Assembled by binding with flexible materials such as wire, paper, textile materials, or foil, or by gluing or by similar methods. The rate of duty will be 8.4 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 2

A copy of the ruling or the control number indicated above should be provided with the en- try documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division