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NY A81781

May 1, 1996

CLA-2-69:RR:NC:GI: 227 A81781


TARIFF NO.: 6913.10.5000

Mr. Richard Rosenberg
Riro Company
P.O. Box 275
Lincolnville Center, ME 04850

RE: The tariff classification of ceramic and polystone plaques from China.

Dear Mr. Rosenberg:

In your letter dated March 29, 1996, you requested a tariff classification and a marking ruling.

The articles at issue are plaques, one made of porcelain and the other of polystone. After importation the plaques are sold with a personalized insert of the consumers choice. The insert is attached to the plaque with an adhesive. A sample of the polystone plaque was received and is being returned per your subsequent request.

The applicable subheading for the porcelain plaque will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for ornamental ceramic articles of porcelain or china. The duty rate will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the polystone plaque. Your request for a classification ruling should include the precise derivation of the calcium carbonate within this product. Is it derived from crushed or ground stone, a mineral substance other than stone, or a synthetic chemical?

Your request for an exception from marking is denied. The plaques are not substantially transformed as a result of the U.S processing and, therefore must be marked with the country of origin "China" when imported. The attaching of the inserts to the plaques is merely a finishing process and does not change the name, character or use of the plaques.

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 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 George Kalkines at 212-466-5794.


Roger J. Silvestri

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