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NY C89131

June 30, 1998

CLA-2-69:RR:NC:2:227 C89131


TARIFF NO.: 6913.10.5000

Ms. Michele Smith

Sears, Roebuck and Co.

3333 Beverly Rd. BC 204A

Hoffman Estates, IL 60179

RE: The tariff classification of decorative lighted ceramic articles from China.

Dear Ms. Smith:

In your letter dated June 10, 1998, you requested a tariff classification ruling. Sample is being returned as requested.

The sample and photos submitted depict decorative bisque porcelain articles (stock number 90586). These items consist of nonfunctional open-bottom teapot-shaped figures, measuring approximately 5 1/2 inches high by 6 1/2 inches at its widest dimension, with saucer-like bases designed to hold candles (not included). Further, they feature exterior designs of holiday-like scenes with several apertures around the top and alongside the main body. It is noted that when the candles are illuminated they serve to enhance the decorative features of these articles.

You claim that the subject merchandise should be properly classified under subheading 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-
electrical lamps and lighting fittings. However, since these items are of the class or kind that fall within the purview of ornamental articles, consideration of classification under the above subheading is precluded.

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

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

A copy of the 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.


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