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NY 851438

CLA-2-69:S:N:N3D:227 851438


TARIFF NO.: 6913.90.5000

Mr. Michael P. Maxwell
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49 Street
New York, N.Y. 10017

RE: The tariff classification of a ceramic knick-knack article from the Philippines and China.

Dear Mr. Maxwell:

In your letter dated April 11, 1990 and your supplemental letter of April 27, 1990, on behalf of Busa Corporation, you requested a tariff classification ruling.

The sample submitted is a knick-knack article of earthenware with an earthenware lid measuring 2 1/2 inches in height and 2 1/2 inches in width at the base. The lid and the base of the article are glazed while the body is unglazed. You state that after importation into the United States in bulk, each knick-knack article will be repacked in a folding cardboard box with a tube of liquid air freshener for sale at retail. You suggest that the ceramic knick-knack item is classifiable as a ceramic household article in heading 6912.00.50 HTS. However, since this item is of the class or kind of article principally used as decorative ware, the correct classification is in heading 6913. The submitted sample will be returned as requested.

The applicable subheading for the knick-knack earthenware articles will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for ornamental articles of other than of porcelain or china. The duty rate will be 7 percent ad valorem.

Articles classifiable under subheading 6913.90.5000, HTS, which are products of the Philippines are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

In your letter you also requested a ruling concerning country of origin marking requirements. This request must be reviewed by the Office of Regulations and Rulings, 1301 Constitution Avenue N.W., Washington, D.C. 20229, who will issue the ruling to you. As requested on May 7, 1990 by Mr. Al Lebowitz of your office in a telephone conversation with National Import Specialist George Kalkines of this office, New York will not forward the marking request to Headquarters in order that you may contact Headquarters directly.

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.


Jean F. Maguire
Area Director

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