CLA-2 CO:R:C:G 087923 WAW
Mr. John R. Ramirez
James G. Wiley Co.
P.O. Box 90008
Los Angeles, CA 90009
RE: Classification of Bridal Sprays; Bridal Bouquets; Bridal
Altar Accessories, Cake Trimmings; Headwear; Artificial
Flowers and Foliage
Dear Mr. Ramirez:
This letter is in response to your inquiry, on behalf of
your client, Western Trimming Corp., of August 2, 1990, regarding
the classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) of bridal headwear. Samples of
the articles at issue were submitted to us along with your
request.
FACTS:
The samples submitted are designated as Style Numbers 14141,
14144, 14143, 14295 and Style Number 14353. Style Number 14141
is described as a "bridal headwear 11 inches by 3-1/2 inches" and
is composed of rayon satin material. Style Number 14144 is
described as a "bridal headwear" and is composed of nylon and
plastic pearl material. Style Number 14143 is described as a
"bridal headwear eleven inches by 3-1/2 inches" and is composed
of rayon satin material. Style Number 14295 is described as a
"bridal headwear 9 inches by 4 inches" and is composed of rayon
satin, nylon sheer and plastic pearl material. Style Number
14353 is described as a "bridal headwear" and is composed of
rayon satin and nylon sheer material. All of the bridal wreaths
are composed of artificial flowers and foliage of man-made
fibers. In addition, in a few of the headwear pieces artificial
pearls of man-made materials are arranged between the artificial
flowers. The whole flower and foliage arrangement is bound with
a paper-covered wire tie.
The importer maintains that these articles are principally
used in wedding bouquets, wedding table accents and centerpieces,
altar and pew decorations, wedding cake decorations and candle
holder decorations and while they may be used as bridal party
headwear, their principal use would be otherwise. These articles
will be imported from Taiwan and/or Korea.
ISSUE:
What is the classification under the HTSUSA of a bridal
bouquet consisting of artificial flowers and foliage with
artificial pearls of man-made materials.
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) set forth the
manner in which merchandise is to be classified under the HTSUSA.
GRI 1 requires that classification be determined first according
to the terms of the headings of the tariff and any relative
section or chapter notes and, unless otherwise required,
according to the remaining GRI's, taken in order.
In the instant case, we find no headings within the
nomenclature whose terms would specifically include bridal
bouquets such as these. In addition, this merchandise is not
covered by any Legal Notes, at either the Section or Chapter
level. GRI 1 is, therefore, inconclusive, and the remaining
GRI's, taken in order must be referred to.
Composite goods are classified by reference to GRI's 2 and
3. Under GRI 2, any reference to a material or an article made
of a material includes goods made wholly or in part of that
material. GRI 2(b), HTSUSA, provides in pertinent part that
"[t]he classification of goods consisting of more than one
material or substance shall be according to the principles of GRI
3."
GRI 3 applies when goods are classifiable under two or more
headings of the tariff schedule.
GRI 3, HTSUSA, provides in pertinent part:
When, by application of Rule 2(b) or for any other
reason, goods are, prima facie, classifiable under two
or more headings, classification shall be effected as
follows:
(a) The heading which provides the most
specific description shall be preferred to
headings providing a more general
description. However, when two or more
headings each refer to part only of the
materials or substances contained in mixed or
composite goods or to part only of the items
in a set put up for retail sale, those
headings are to be regarded as equally
specific in relation to those goods, even if
one of them gives a more complete or precise
description of the goods.
Since the artificial flowers and foliage, paper-covered
wire, and artificial pearl objects fall under separate headings
in the tariff schedule which describe only a portion of the
materials in the entire bridal bouquet, the headings are to be
regarded as equally specific under GRI 3(a). Therefore, GRI 3(a)
fails in establishing classification, and GRI 3(b) becomes
applicable.
The Explanatory Notes, although not legally binding,
represent the official interpretation of the tariff at the
international level. The Explanatory Notes offer guidance in
understanding the scope of the provisions within each chapter of
the schedule. The Explanatory Notes define composite goods to
include goods made up of different components, even if the
components are separable, as long as they are adapted one to the
other, are mutually complementary, and together form a whole that
would not normally be offered for sale in separate parts.
In the instant case, the bridal bouquets qualify as
composite goods, since the individual components create a floral
arrangement that derives its aesthetic value from the mutually
complementary positioning of the components. Furthermore, even
though the individual components may be sold separately, the
value of any individual component appears limited when compared
to the overall value of the components when arranged together.
Thus, the components may be sold separately, but in this case,
they do not appear to be of the type normally offered for sale in
separate parts.
GRI 3(b) governs the classification of composite goods.
GRI 3(b) states in pertinent part:
(b) Mixtures, composite goods consisting of different
materials or made up of different components, and goods
put up in sets for retail sale, which cannot be
classified by reference to 3(a), shall be classified as
if they consisted of the material or component which
gives them their essential character, insofar as this
criterion is applicable.
GRI 3(b) requires classification of a composite good as
though it consists of the component that gives the article its
essential character. The Explanatory Notes state that the
factors determining essential character may vary as between
different kinds of goods. The Notes suggest that essential
character may be determined by the nature of a components or
material, its bulk, quantity, weight, or value, or by the role of
a constituent material in relation to the use of the goods. In
general, essential character has been construed to mean the
attribute which strongly marks or serves to distinguish an
article.
It is the determination of this office that the artificial
flowers and foliage impart the essential character to the entire
bridal bouquet. The artificial flowers and foliage constitute
the principal bulk, quantity and weight of the arrangement.
Moreover, the paper-covered wire component, and artificial pearls
serve the subordinate role of embellishing the beauty of the
principal object, the artificial flowers and foliage. Due to the
enactment of a recent amendment to the tariff schedule,
subheading 6702.90.4000, HTSUSA, now includes both artificial
flowers and foliage of man-made fibers. See Section 479C of the
Customs and Trade Act of 1990 (Pub. L. No. 101-382). Thus, it is
the determination of this office that the artificial flowers and
foliage constitute the essential character, and the subject
merchandise is properly classified under subheading
6702.90.4000, HTSUSA.
HOLDING:
The bridal bouquets are classified under subheading
6702.90.4000, HTSUSA, as Artificial flowers, foliage and fruit
and parts thereof: Of other materials: Other: Of man-made fibers.
The rate of duty is 9 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division