The tariff classification of a vine cornucopia from China

N025733 April 25, 2008 CLA-2-46:OT:RR:NC:2:230 CATEGORY: Classification TARIFF NO.: 4602.19.1700 Ms. Rita M. Powell FTD, Inc. 3113 Woodcreek Drive Downers Grove, IL 60515 RE: The tariff classification of a vine cornucopia from China Dear Ms. Powell: In your letter dated March 31, 2008 you requested a tariff classification ruling. A sample of the product to be classified, a vine cornucopia, catalog article number 0820, was submitted. The sample is a horn shaped container with a wide opening, measuring overall 16” long x 8” wide x 8” high. It is constructed entirely of dried natural vines of the species commonly known as “porcelain vine” (Ampelopsis brevipedunculata). The top of the cornucopia is decorated with a number of colored beads depicting berries. The cornucopia will be marketed for sale to individual florists for use in their floral arrangements. The applicable subheading for the vine cornucopia, article number 0820, will be 4602.19.1700, 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 (than of bamboo or rattan): Other baskets and bags, whether or not lined: Other (than of willow or palm leaf): Wickerwork. The duty rate will be free. 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 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. 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