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NY F80731

December 9, 1999

CLA-2-83:RR:NC:N1:113 F80731


TARIFF NO.: 8306.29.0000

Ms. Lisa Chastain
Fritz Companies
3930 W. 29th Street South
Wichita, KS 67217

RE: The tariff classification of garden ornaments from Mexico and China

Dear Ms. Chastain:

In your letter dated November 12, 1999, on behalf of The Hayes Company, you requested a tariff classification ruling.

The sample you provided is item 73117-1240H, the 48-inch Man-in-the-Moon Stake. This ornament consists of a 36-inch tall stake topped by a crescent moon and star. The moon, stake and star are constructed of round steel. A 4 ¼-inch ring with 3 tabs holds a glass suncatcher with a Man-in-the-Moon face.

Also included in the ruling are three other, similar items. Item 73183-0600H is a Flower Stake with glass marbles. This ornament is a 48-inch daisy of steel wire with a 1 ¼-inch marble in the center. Item 73180-0600H is a Butterfly on a stake. The body, wings and stake are made of steel wire. The wire that forms the abdomen is designed to hold a number of marbles. Item 73181-0600H is a similar dragonfly. In the opinion of this office, in each instance, the decorative effect of the ornament is produced equally by the metal portion and the glass.

The applicable subheading for the garden ornaments will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for statuettes and other ornaments, of base metal, other. 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 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 James Smyth at 212-637-7008.


Robert B. Swierupski

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