The tariff classification of a "Glow Rose" from China

PD F87628 June 19, 2000 CLA-2-67:NEW:TOB1:G11 F87628 CATEGORY: Classification TARIFF NO.: 6702.90.3500 Mr. Joseph R. Hoffacker Barthco Trade Consultants, Inc. 7575 Holstein Avenue Philadelphia, PA 19153 RE: The tariff classification of a "Glow Rose" from China Dear Mr. Hoffacker: In your letter dated May 22, 2000, you requested a tariff classification ruling on behalf of your client, SRM Entertainment. The submitted sample is referred to as a "Glow Rose". The rose is composed of polyester petals and leaves that are attached to a plastic stem by the slip-on/snap-on method of construction. The rose is enclosed in a plastic base which serves as a vase for the rose and a housing for the two batteries that are included. As indicated in your ruling request, the sample contains a small light inside the top of the rose. The rose lights up when a heart shaped switch is pushed up. The essential character is imparted by the polyester rose. Your sample is being returned as requested. The applicable subheading for the “Glow Rose” will be 6702.90.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial flowers... of other materials, other, of man-made fibers. The rate of duty will be 9 percent ad valorem. 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. Sincerely, Kathleen M. Haage Area Director New York/Newark Area