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June 18, 1999

CLA-2-69:RR:NC:2:227 E83029

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Ms. Kristen Gibson
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of decorative ceramic holders from China.

Dear Ms. Gibson:

In your letter dated May 28, 1999, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a decorative round-shaped cream-colored ceramic holder, referred to as the “Round Basket Weave Plate” (style number 31581), which measures approximately 6 inches in diameter by 1 inch in height. It possesses a basket weave design around the border of the exterior. It is stated to be valued at $12.60 per dozen and is designed to hold various objects.

You claim that this item should be classified under subheading 6912.00.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tableware and kitchenware┬other than of porcelain or china┬plates not over 22.9 cm in maximum diameter and valued over $6 per dozen. However, since the instant decorative article can be utilized for diverse purposes, inclusive of holding decorative items, consideration of classification under the above subheading is precluded.

The applicable subheading for the decorative ceramic holder will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles, other. The rate of duty will be 6 percent ad valorem.

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.

Sincerely,

Robert B. Swierupski
Director,

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