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NY N018799




October 30, 2007

CLA-2-83:OT:RR:E:NC:N1:121

CATEGORY: CLASSIFICATION

TARIFF NO.: 8306.29.0000

Mr. Mahir Akarsu
BJ’s Wholesale Club, Inc.
One Mercer Road
Natick, MA 01760

RE: The tariff classification of a garden decoration from China

Dear Mr. Akarsu:

In your letter dated October 22, 2007, you requested a tariff classification ruling.

The merchandise under consideration is described as a “2-Piece Lantern with Stand.” It has a powder coated cast iron base, a steel post (consisting of two rods, two tubing sleeves, two connectors, and a top hanger), and two powder coated cast iron lantern decorations. It measures 57-3/4 inches tall by 15-3/4 inches wide by 11-3/4 inches deep. The article has a copper-rust finish and the lantern decorations feature dragonfly designs. It is designed to be placed in a garden as an ornament. It does not come with a candle or candle holder and is not designed to provide light.

The applicable subheading for the garden ornament will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bells, gongs and the like, nonelectric, of base metalstatuettes and other ornaments, and parts thereof, other. The rate of duty will be free.

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 Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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