Artificial bamboo plant HTS 6702.90.3500: why CBP chose man-made fibers
GRI 1GRI 3(b)GRI 6CBP classified this faux bamboo plant under HTS 6702.90.3500 at 9% because the polyester leaves — not the natural bamboo or the pot — give the article its essential character as an artificial plant.
Everyone agreed the finished piece sits in heading 6702, artificial flowers and foliage, since it imitates a live plant and is assembled by gluing parts. The fight was one subheading down. The importer proposed 6702.90.6500 ('of other materials'), which would apply if a non-textile component drove the character. CBP looked at what actually makes the thing read as a plant and carries the value and weight: the polyester fabric leaves. Under GRI 3(b) the component that gives the essential character controls, and here the man-made fiber foliage does that — it supplies the color, the life-like appearance and a large share of value. That lands it in 6702.90.3500, 'of man-made fibers,' at 9%. The natural bamboo, though present in similar weight, is a structural stem; the concrete and plastic pot are just the base. Note the dried bamboo cannot propagate, which keeps this out of any live-plant heading in Chapter 6. Final classification depends on the importer's actual product and should be confirmed by a licensed customs broker.
- Ask your supplier for a component breakdown by weight and value — leaves vs. natural stem vs. pot — because the essential-character call turns on it.
- Confirm the leaf fiber content on the invoice (polyester = man-made fiber) so the subheading matches the goods.
- Verify current Section 301 Chapter 99 status for China-origin 6702 goods and budget the add-on separately from the 9% base.
| Path | Code | Base duty |
|---|---|---|
| Path CBP used — man-made fiber foliage | 6702.90.3500 | 9% |
| Alternative the importer proposed — of other materials illustrative | 6702.90.6500 | 17% |
| On a $40,000 shipment, the 9% base line at 6702.90.3500 is $3,600. The importer's proposed 6702.90.6500 line at 17% would be $6,800 — so the leaf-material call actually cut the base duty here. This is base-rate math only; it assumes the goods remain subject to any Section 301 measure at entry, and current Chapter 99 status and available exclusions should be verified before you rely on any number. | ||
Illustrative comparison only. The alternative heading is one contrast possibility — the exact subheading for a different product configuration would need separate analysis (other Chapter 84/85 or specific provisions may apply). Any Section 301 / Chapter 99 figure assumes the goods remain subject to that measure at the time of entry; always verify the current Chapter 99 status and any applicable exclusions.
- If the leaf-to-bamboo value/weight balance shifts on a future production run, the essential-character basis for the subheading can change.
- Declaring the natural bamboo prominence over the fabric could push the entry toward the higher 6702.90.6500 line — keep the ruling logic documented.
- China origin means Section 301 exposure; relying on the 9% base alone understates landed duty.
- Leaves switch from polyester fabric to molded plastic that predominates in value and weight → Essential character may shift away from man-made fibers, pointing toward 6702.90.6500 'of other materials'.
- The bamboo is live or capable of propagation rather than dried → Could pull the item out of Chapter 67 toward a live-plant heading in Chapter 6.
- The pot and stand dominate value and become the marketed article → Analysis may move toward the pot/stand heading rather than artificial foliage of heading 6702.
The heading was never really in doubt here; the money lives one line down. When an artificial plant mixes textile leaves with a natural stem, get the weight-and-value split from the factory before entry — that single number decided whether this cleared at 9% or nearly double.
- Invoice wording that names the leaf material (polyester / man-made fiber) plainly.
- A component breakdown by weight and value: leaves, natural bamboo, pot, concrete.
- Statement that the bamboo is dried and cannot propagate.
- Overall dimensions and construction note (glued assembly) matching the ruling facts.
- Country of origin and a current Section 301 / Chapter 99 review for 6702 goods.
- A copy of any governing ruling with the entry documents.
Why did CBP classify the faux bamboo plant under HTS 6702.90.3500 and not 6702.90.6500?
In this case CBP found the polyester leaves gave the article its essential character under GRI 3(b) — the man-made-fiber line at 6702.90.3500 (9%) applied rather than the 'other materials' line. Confirm your own product with a licensed broker.
Does the natural bamboo make this a live-plant item under Chapter 6?
No. The ruling notes the bamboo was dried and could not propagate, so it stayed in Chapter 67 as artificial foliage. A live or propagating plant could be analyzed differently.
What is the base duty rate for HTS 6702.90.3500 artificial foliage?
The ruling states a column-one general rate of 9% ad valorem. Rates change, so verify the current HTSUS before entry.
Does Section 301 apply to a China-origin artificial bamboo plant under 6702.90.3500?
China-origin goods in this heading may carry a Section 301 add-on under Chapter 99. Verify the current 9903 status and any exclusions; the 9% base does not include it.
What if my artificial plant uses plastic leaves instead of polyester?
That can shift the essential character away from man-made fibers, potentially toward 6702.90.6500. The material and its share of value/weight drive the subheading, so document them and confirm with your broker.
Should I keep this ruling with my entry paperwork?
If your product genuinely matches the facts, keeping a copy of the governing ruling with entry documents helps support the classification. Final treatment still depends on your actual goods.