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NY L81173

December 28, 2004

CLA-2-68:RR:NC:1:126 L81173


TARIFF NO.: 6810.99.0000

Mr. Robert Stang
Greenberg Traurig, LLP
800 Connecticut Avenue, NW
Suite 500
Washington, DC 20006

RE: The tariff classification of a decorative agglomerated stone article from China

Dear Mr. Stang:

In your letter dated December 1, 2004, on behalf of your client, RSR Industries, Inc. dba, Echo Valley, you requested a tariff classification ruling. A representative sample of the item was submitted and will be returned to you as requested.

The subject article, which is described as “Artificial Stone Fairy in Natural Setting with Glass Globe” – Product Number P53606A, is a highly decorative article of agglomerated stone including a small glass globe. The measurements are 8 inches in height, 6 inches in depth and 6 inches in width. The article is a three-dimensional figurine of a fairy with wings standing in a bed of flowers, petals, leaves and grass. A bluish green glass globe measuring approximately 2 1/4 inches in diameter is sitting on top of several flower petals. There is a solar panel on back of the article that collects energy during the day thus enabling the globe to glow. According to the information which you submitted, the wattage emitted by the globe is very low and only serves to illuminate and enhance the fairy figurine.

The essential character of this article is imparted by the decorative three-dimensional agglomerated stone fairy figurine.

You indicated in your letter that the article is composed of crushed limestone agglomerated with plastic resin.

The applicable subheading for the decorative agglomerated stone article will be 6810.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles ofartificial stone, whether or not reinforced: other articles: 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 Jacob Bunin at 646-733-3027.


Robert B. Swierupski

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