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NY L84353

May 6, 2005

CLA-2-69:RR:NC:1:126 L84353


TARIFF NO.: 6913.90.5000

Ms. Joanne Harmon
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of two decorative ceramic articles from China

Dear Ms. Harmon:

In your letter dated April 20, 2005, you requested a tariff classification ruling. Two representative samples were submitted with your ruling request. The samples are being returned to you. One sample, however, was received in a broken condition.

The submitted samples designated in your letter as “3-D Fruit Plates (Apple and Pear)” – item number 299365, are two decorative ceramic (non-porcelain) round plates decorated with three-dimensional fruits. A whole pear and three pear slices are glued on one plate and an apple and three apple slices are glued on the other plate. You indicated in your letter that the back of each plate has a metal hook for the purpose of wall hanging. Each plate measures approximately 8 inches in diameter.

You stated in your letter that these two plates are not food safe and that the primary use would be for home décor.

The applicable subheading for the two ceramic decorative plates - item number 299365 - will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for statutes and other ornamental ceramic articles: other: other: other. The rate of duty will be 6 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 Jacob Bunin at 646-733-3027.


Robert B. Swierupski

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