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NY L89893

February 10, 2006

CLA-2-69:RR:NC1:126: L89893

TARIFF NO.: 6913.90.5000

Ms. Stephanie De Silva
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of a decorative ceramic article

Dear Ms. De Silva:

In your letter, dated January 12, 2006, you requested a tariff classification ruling regarding a decorative article (PP 1034233).

A sample of the product was submitted with your ruling request..

The product is a set consisting a decorative ceramic article (the tray) holding wax beads with wick, candles and colored sand. You stated that all the components of this product will be imported packed together ready for retail sale as a set.

You stated that the tray consists of earthenware ceramics. You indicated that this tray is not suitable for food use.

The essential character of the set is imparted by the ceramic tray.

The applicable subheading for the ornamental ceramic article with wax beads, wick, candles and colored sand will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for statuettes and other ornamental ceramic articles: other: other: other. The rate of duty will be 6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Candles from China may be subject to anti-dumping duties administered by the U.S. Department of Commerce, Import Administration. You may contact the Department of Commerce at 14th St. and Constitution Ave. NW, Washington, DC 20230, by phone (202) 482-3148, or website www.IA.ITA.DOC.GOV (click on "Import Administration Home Page" - click on "Decisions and Data" - click on "Scope Rulings: Candles from the PRC").


Robert B. Swierupski

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