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March 3, 1999

CLA-2-69:RR:NC:2:227 D88062


TARIFF NO.: 6913.10.5000

Mr. Jack Kilmartin
Yamato Customs Brokers U.S.A., Inc.
377 Swift Avenue
So. San Francisco, CA 94080

RE: The tariff classification of a porcelain bell and polyresin tabletop ornament from China.

Dear Mr. Kilmartin:

In your letter dated January 28, 1999, on behalf of Westland Giftware, Inc., you requested a tariff classification ruling.

The samples submitted consist of the following decorative articles:
a) a porcelain bell, item number 5441, which measures approximately 3 3/4 inches high with base diameter of 2 3/4 inches and possesses, at the top, a small water- filled glass globe containing a small bird-like figurine (representing a cardinal) resting on a bird’s nest. It is noted that the globe is surrounded, around the top portion, by another bird’s nest with a similar bird-like figurine. It also contains an interior dangling article for ringing purposes.
b) a tabletop ornament, item number 5443, which measures approximately 4 1/2 inches high by 3 inches at the widest dimension. It depicts a water-filled glass globe that is hanging via a metal chain from a curvilinear-shaped metal holder which emanates from a floral nest-like base. The globe, situated on a floral-filled basket, contains a bird-like figurine (representing a cardinal) on a floral-like nest. It is stated that the nest, base and bird-like figure are composed of polyresin.

The applicable subheading for the porcelain bell, item number 5441, will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles of porcelain. The duty rate will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the tabletop ornament, item number 5443. Your request for a classification ruling should include a response to the following:
a) Does the “polyresin” item consists of pure plastics or a combination of plastics and a mineral or stone material?
b) If it consists of a mineral or stone material agglomerated with a binding material, please identify the mineral or stone material (e.g., calcium carbonate) and the binding material (e.g., plastics). c) Please indicate the percentage of each material by weight within the “polyresin.” For the mineral of stone material (e.g., calcium carbonate) within the “polyresin,” please indicate whether this material is derived from crushed, ground or powdered natural stone; a mineral source other than stone; or a synthetic chemical.

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 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 212-637-7073.


Robert B. Swierupski

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