February 25, 2004 CBP Bulletin Notice on Glass-Beaded Artificial Fruit & Foliage

CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed modification or revocations, or any party involved with a substantially identical transaction, should advise CBP by March 26, 2004, the date that written comments on these proposed rulings are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.

CBP also states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.

Proposed Modification or Revocation of Four Classification Rulings

Glass-Beaded Artificial Fruit and Foliage. At issue are the following:

NY G89195 - Item CP132 consists of plastic grapes covered with glass beads and green, plastic leaves. These glass-beaded grapes are interspersed along a plastic vine. The glass beads impart a wet or sparkling look to the item. By percentage, the item is 37% glass beads, 34% polyvinyl chloride (PVC) paste, 26% DOP oil, and 3% other materials.

NY I81590 - Item T60071 is identified as a Beaded Berry Wreath, and Item T60072 is identified as a Beaded Berry/Heart Wreath. They are composed of 3% polyester, 54% iron wire, 18% gypsum, 22% glass beads, 1% gold leaf and 2% glue. The gypsum berries are made of styrofoam (and for Item T60072, the tiny hearts are made of hard plastic). The gypsum berries (and hearts for Item T60072) are completely covered with glass beads, which impart a wet or sparkling look to the items. The wire stems have been wrapped with paper and are attached to a metal base that also has been wrapped with paper.

NY I82557 - Item PP239211, identified as a "Jeweled Fruit Potpourri," resembles a collection of scented artificial fruit and nuts. The varieties of fruit represented are apples, peaches, grapes, strawberries, cranberries, oranges and pears. The fruit is constructed from styrofoam, painted the appropriate color for the representative fruit and covered with glass beads, which impart a wet or sparkling look to the item. Some of the fruit incorporates polyester leaves and a stem of plastic or wire. The artificial nuts are wooden and painted various colors.

NY I82558 - Item PP239215, identified as a "kissing ball," measures approximately 4 inches in diameter and resembles artificial fruit. It is constructed from styrofoam and covered with glass beads, which impart a wet or sparkling look to the item. The segments of the item made to resemble artificial fruit are set into a larger styrofoam ball by means of metal stems, which also incorporates green leaves made from polyester and a burgundy colored ribbon for hanging the item. By total weight of the item, the ribbon is 5%, the PVC leaf is 5%, the glass beads are 60%, the polyfoam fruit is 20% and the acetate box is 10%.

CBP is proposing to issue HQ 966663 in order to modify NY G89195, HQ 966664 in order to revoke NY I81590, and HQ 966665 in order to revoke NY I82557 and NY I82558. CBP is proposing to reclassify the glass-beaded artificial fruit and foliage under HTS 7018.90.5000 which provides for other glass beads, etc. and articles thereof, etc. rather than under HTS 6702.10.2000 which provides for artificial flowers, foliage and fruit and parts thereof, etc. of plastics; assembled by binding with flexible materials such as wire, paper, textile materials, or foil, or by gluing or by similar methods.

CBP states that artificial fruit is generally classified under HTS 6702. However, Note 3(a) to Chapter 67 states that HTS 6702 does not cover articles of glass and directs that such an article be classified in Chapter 70. Because these glass-beaded artificial fruit and foliage items are substantially covered with glass beads on their surface that effectively hide from view most or all of the other materials used in their construction, and because by percentage/weight the glass beads are the most prevalent material used in their construction, CBP states that they are articles of glass.

Therefore, CBP states that these glass-beaded artificial fruit and foliage items are precluded from classification under HTS 6702 by reference to the chapter note, and should be classified under HTS 7018.90.5000 as other glass beads, etc. and articles thereof, etc.

proposed: 7018.90.5000, 6.6%; current: 6702.10.2000, 8.4%.

February 25, 2004 CBP Bulletin (Vol. 38, No. 9) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol.38_02252004_no9/