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NY K88951

September 9, 2004

CLA-2-83:RR:NC:N1:113 K88951


TARIFF NO.: 8306.29.0000

Mr. Robert E. Burke
Barnes, Richardson & Colburn
303 East Wacker Drive
Suite 1100
Chicago, IL 60601

RE: The tariff classification of a lighted birdbath from China.

Dear Mr. Burke:

In your letter dated August 20, 2004, you requested a ruling on behalf of Intermatic, Inc. on tariff classification.

The merchandise is an ornamental, cast aluminum, outdoor birdbath. The item stands 36 inches in height. It contains a frosted glass dish, roughly 18 inches in diameter. The base holds a frosted light that shines upward to illuminate the glass dish. The light merely adds to the overall decorative effect of the item and is not for illumination.

The applicable subheading for this product 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 general 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.).

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 646-733-3018.


Robert B. Swierupski

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