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July 19, 1999

CLA-2-69:RR:NC:2:227 E83864

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

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

Dear Mr. Hoffacker:

In your letter dated June 22, 1999, on behalf of Consolidated Stores, Inc., you requested a tariff classification ruling.

The subject merchandise, based on the photos submitted, consist of the following ornamental articles:
a) a ceramic “Valentine Wish Basket,” item number M265357, which measures approximately 8 by 5 ¼ by 7 ½ inches and possesses a heart-like motif with the wording “A Valentine Wish for You” on the exterior.
b) a ceramic heart-shaped “Valentine Trinket Box” (item number M259717), with removable lid, which measures approximately 6 ½ by 7 by 4 5/8 inches and possesses heart and rose-like motifs and the wording “Love One Another” on the exterior.
c) a ceramic heart-shaped vase, item number M234421, which measures about 6 by 3 by 6 ¼ inches and possesses rose and heart-shaped designs with the wording “You Have My Heart” on the exterior.
d) ceramic bag-shaped decorative articles, referred to as the “Valentine Sack Planters” (item numbers M234402A, M234402B, M234402C and M234402D), which measure about 4 ½ by 3 ¾ by 5 ½ inches in noting most of the items feature rose-like motifs and heart-shaped designs on their exterior. They also possess red-colored top carrying straps.
e) a ceramic heart-shaped vase, item number M265354, which measures nearly 5 by 2 ½ by 5 ½ inches and features rose and heart-like motifs and heart-shaped designs with the wording “You Have My Heart” on the exterior.

You indicate that this merchandise should be properly classified under subheading?tc " You indicate that this merchandise should be properly classified under subheading"? 6912.00.5000, Harmonized Tariff schedule of the United States (HTS), which provides for other ceramic household articlesother than of porcelain or china. However, since these items are primarily decorative in nature, consideration of classification under the above subheading is precluded.

The applicable subheading for these decorative ceramic articles 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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