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NY F84994

April 17, 2000

CLA-2-69:RR:NC:2:227 F84994


TARIFF NO.: 6913.90.5000

Ms. Julie L Paintner
Panther, Inc.
Customhouse Broker
4163 Shoreline Drive
Earth City, MO 63045

RE: The tariff classification of ceramic wind chimes from China and Vietnam.

Dear Ms. Paintner:

In your letter dated March 22, 2000, on behalf of Butler Designs, Inc. and Dave Grossman Creations, you requested a tariff classification ruling.

The subject merchandise, based on the information submitted, is ceramic wind chimes of terra-cotta that consist of such decorative articles as assorted hanging fish.

You state that these items may be classified under subheading 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles of porcelain, other. However, since the subject wind chimes are of terra-cotta, consideration of classification under subheading 6913.10.5000, HTS, is precluded.

The applicable subheading for these ceramic wind chimes of terra-cotta 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 from China. However, Vietnam is not one of the countries subject to the General rate of duty (Column 1). It is subject to the Column 2 rate of duty that is 51.5 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.


Robert B. Swierupski

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