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NY A80448




CLA-2-69:RR:NC:GI: 227 A80448

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.10.5000

Ms. Sandi Amundson
Midwest of Cannon Falls
32057 64th Avenue
P.O. Box 20
Cannon Falls, MN 55009-0020

RE: The tariff classification of a porcelain miniature tea set from China.

Dear Ms. Amundson:

In your letter dated February 8, 1996, you requested a tariff classification ruling.

The sample submitted is a decorative porcelain article, known as the "Mini Picnic Basket Tea Set" (item number 16070-1), which consists of the following:
a) a basket-shape teapot, measuring about 2 3/4 inches long, with a top lid decorated with napkin, knife and fork;
b) a strawberry-like cup measuring nearly 3/4 inch high and two leaf-shape plates measuring nearly 1 inch in length;
c) a strawberry-shape teapot measuring approximately 1 1/2 inches high;
d) an apple-shape sugar measuring about 1 1/4 inches high;
e) a square-shape blanket/sheet, possessing wavy edges, with a surface area of 12 1/4 inches.

You state that that subject merchandise, which can be used as a toy, may be classified as such, noting that it is not recommended for children under age 3. However, since the instant mini tea set is not put up in a manner (packaged) to indicate its use as a toy, consideration of classification as a toy is precluded.

The applicable subheading for the decorative porcelain "Mini Picnic Basket Tea Set," item number 16070-1, will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles of porcelain. The rate of duty will be free.

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 letter 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 George Kalkines at 212-466-5794.

Sincerely,

Roger J. Silvestri
Director,

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