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NY 805766




CLA-2-69:S:N:N3:227 805766

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Mr. Clay D. Smith
El Chubasco Enterprises
1361 Tumblin Drive
New Smyrna Beach, FL 32168

RE: The tariff classification of terracotta wind chimes from Colombia.

Dear Mr. Smith:

In your letter received in this office on January 12, 1995, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a terracotta wind chime which consists of 10 halloween-type pumpkins connected together by means of a sturdy nylon string. Nine of these decorative ceramic pumpkins measure approximately 2 inches high with a base diameter of 2 1/4 inches, while the largest one measures about 3 inches high with a base diameter of 4 1/4 inches.

The applicable subheading for this ceramic wind chime will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental articles of ceramic. The rate of duty will be 6.8 percent ad valorem.

Articles classifiable under subheading 6913.90.5000, HTS, which are products of Colombia, are entitled to duty free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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