The tariff classification of an Animated Eye Flower from China.

N275531 May 23, 2016 CLA-2-67:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 6702.90.3500 Mr. David Prata OHL International at CVS Health Mail Code 5055 Woonsocket, RI 02895 RE: The tariff classification of an Animated Eye Flower from China. Dear Mr. Prata: In your letter dated May 2, 2016, you requested a tariff classification ruling. The sample submitted, identified as CVS item number 976233, the Animated Eye Flower, consists of two styles of a battery-powered table top decoration comprised of four artificial flowers resembling roses that are permanently affixed inside a plastic pot. Each style measures approximately 13” in height, with the pot measuring approximately 5-3/4” at its widest diameter. The flowers and their leaves are composed of man-made textile material while their stems are composed of iron and plastic. Two of the four flowers in each style feature small bud-like eyes in the center of the flowers that, when motion activated, blink while a chip plays the song “Somebody’s Watching Me.” The decoration can also be turned on by a slide-switch on the underside of the pot. Each flower style is constructed the same except for the color of the flowers (red and red/black). Although you indicate that the merchandise is sold for Halloween, the flowers have the appearance and construction of artificial flowers specifically provided for under tariff heading 6702, HTSUS. We are returning your samples as you requested. The applicable subheading for CVS item number 976233 will be 6702.90.3500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit: Of other materials: Other: Of man-made fibers.” The rate of duty will be 9 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 https://hts.usitc.gov/current. Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local CBP office prior to importation. 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 Wayne Kessler at [email protected]. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division