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NY N023731




February 29, 2008

CLA-2-69:OT:RR:NC:1:128

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Mr. Joseph Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a decorative ceramic article from China.

Dear Mr. Hoffacker:

In your letter dated February 19, 2008, on behalf of Urban Outfitters, Inc., you requested a tariff classification ruling.

The submitted sample is a decorative ceramic article identified as “Matthew Solomon Votive Holder”, Style# HOD 2.69. You stated that the item is made of stoneware. It is shaped like an open flower, measuring approximately 4 inches in height with an open top diameter of 5.75 inches and a base diameter of 2 inches.

Although you described the product as a votive holder, it is not fitted for a candle, nor is it designed to provide light. Therefore, this product is not regarded as a candleholder.

Your sample is being returned to you as requested.

The applicable subheading for the decorative ceramic article, identified as “Matthew Solomon Votive Holder”, will be 6913.90.5000, HTSUS, which provides for “Statuettes and other ornamental ceramic articles: Other: Other: Other”. The rate of duty will be 6% 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 Sharon Chung at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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