The tariff classification of a bow and bell door ornament from China

N056564 April 28, 2009 CLA-2-46:OT:RR:NC:2:230 CATEGORY: Classification TARIFF NO.: 4602.90.0000 Mr. Dennis Morse BDP International, Inc. 2721 Walker Avenue N.W. Grand Rapids, MI 49504 RE: The tariff classification of a bow and bell door ornament from China Dear Mr. Morse: In your letter dated March 30, 2009, on behalf of your client, Meijer Distribution, you requested a tariff classification ruling. The ruling was requested on a door ornament, item # 2634310. A sample of the product was submitted, which will be returned to you as you requested. The sample consists of a frocked red bow with two gold sleigh bells. The bow is made up of several 57 mm wide strips of PVC flocked on one side. The bow measures 8” wide x 9” long overall. In addition, the bow has a 2” long acrylic loop at the top for hanging on a door hook. The two sleigh bells are attached to the bow by acrylic strings and dangle at the bottom. The product will be sold as a door decoration during the Christmas season. For classification purposes, however, the bow is not recognized as a festive type. The door ornament is a composite good consisting of the bow and the bells. The essential character of the product is imparted by the bow, which is the primary, most visible component. The applicable subheading for the door ornament, item # 2634310, will be 4602.90.0000, 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: Other (than of vegetable materials). The rate of duty will be 3.5 percent ad valorem. 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/. 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