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NY I83482

July 24, 2002

CLA-2-92:RR:NC:2:227 I83482


TARIFF NO.: 9208.10.0000; 3926.40.0000

Mr. James C. Tuttle
Law Offices of James C. Tuttle
82 Wall Street, Ste. 1105
New York, NY 10005

RE: The tariff classification of a tabletop ornament and music box from China.

Dear Mr. Tuttle:

In your letter dated July 3, 2002, on behalf of R&L Product Development & Sourcing International, you requested a tariff classification ruling. Samples are being returned as requested.

The subject merchandise, based on the samples and information submitted, consists of the following articles:
a tabletop ornament, measuring approximately 10 inches in height, that depicts three figurines of firemen (from the NYFD) hoisting the American flag at Ground Zero on the day after the 9-11 tragedy, all composed of polyresin and affixed to an oblong-shaped polyresin base with the raised wording “America 9-11”;
a decorative tabletop music box, measuring about 10 ½ inches in height, that depicts the same above-described scenario with the addition of a bottom windup mechanism that activates the melody of God Bless America, noting the name of that song etched on its front plaque.

Both of these articles are affixed to oblong-shaped hardwood platforms of different sizes.

The applicable subheading for the tabletop ornament will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plasticsstatuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the decorative music box will be 9208.10.0000, HTS, which provides for music boxes. The rate of duty will be 3.2 percent ad valorem.

Importations of these products might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with the United States Customs Service. If you are an authorized importer of this merchandise, we recommend notifying your local Customs office prior to importation.

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 646-733-3028.


Robert B. Swierupski

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