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NY 813402





CLA-2-69:S:N:N3:227 813402

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Ms. Lisa Peterman
The A.W. Fenton Company, Inc.
1157 Rarig Avenue
Columbus, OH 43219-2357

RE: The tariff classification of a ceramic figurine from Russia.

Dear Ms. Peterman:

In your letter dated July 14, 1995, on behalf of Segor, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a ceramic bird-shape figurine of terra-cotta which measures about 2 1/2 inches long and possesses several small apertures along its body for the facilitation of whistling (noting that it is designed for decorative purposes only).

You claim that this merchandise should be properly classified under subheading 6913.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for ornamental ceramic articles of earthenware, whether or not decorated, having a reddish-colored body and a lustrous glaze, and mottled, streaked or solidly colored brown to black with metallic oxide or salt. Since the subject merchandise is not designed to meet the criteria denoted in the above subheading, consideration of classification under subheading 6913.90.3000, HTS, is precluded.

The applicable subheading for the instant ceramic bird-shape figurine will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles. The duty rate will be 6.8 percent ad valorem.

Articles classifiable under subheading 6913.90.5000, HTS, which are products of Russia, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations if the GSP is renewed.

In regard to whether similar decorative figurines are classified as the above article, it is required, for obtaining the proper classification of goods, that you submit representative samples (not exceeding five in number) and/or clear depictions of the merchandise under consideration.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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