The tariff classification of a vine reindeer from China

NY M82532 May 11, 2006 CLA-2-46:RR:NC:2:230 M82532 CATEGORY: Classification TARIFF NO.: 4602.10.6000 Ms. Bernadette Placido QVC, Inc. Studio Park, Mail Code 211 1200 Wilson Drive West Chester, PA 19380-4262 RE: The tariff classification of a vine reindeer from China Dear Ms. Placido: In your letter dated April 11, 2006 you requested a tariff classification ruling. The ruling was requested on a product described as the “Standing Moss Vine Reindeer”, QVC ID Number 5332118. The product will be imported in three sizes and three poses. A sample of the 18” Moss Vine Reindeer with one leg bent at the knee was submitted for our review. The sample will be returned to you as you requested. The sample is a decorative figure, approximately 18” high and 5” wide, representing a reindeer. It is composed of natural vine and dried moss covering a wire frame. The wire is not visible. Of the two materials comprising the outer surface of the reindeer, the vine is the more prominent and imparts the essential character of the product. The moss, which also contains tiny artificial berries, is a decorative added feature. The applicable subheading for the “Standing Moss Vine Reindeer”, QVC ID Number 5332118, will be 4602.10.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: Of vegetable materials: Other: Other: Wickerwork. The rate of duty will be free. The sample submitted was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Importation of this product may be subject to import regulations administered by the U.S. Department of Agriculture (U.S.D.A.). Information regarding applicable regulations administered by the U.S.D.A. may be addressed to that agency at the following location: U.S. Department of Agriculture A.P.H.I.S., PPQ 4700 River Road, Unit 136 Riverdale, MD 20737 The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP. 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 Paul Garretto at 646-733-3035. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division