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NY A82509




May 14, 1996

CLA-2-69:RR:NC:GI: 227 A82509

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Mr. Steven Cataldo
Jumbo Transport International, Inc.
Port Elizabeth Plaza
1201 Corbin Street
Elizabeth, NJ 07201

RE: The tariff classification of an ornamental ceramic article from Poland.

Dear Mr. Cataldo:

In your letter dated April 12, 1996, on behalf of Marex USA, Inc., you requested a tariff classification ruling.

The sample submitted is a skew, open heart-shape ceramic frame which features a small bowl, apparently designed to hold some incense or potpourri, that is suspended (via thin metal chains) from the top portion of the frame's midsection.

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 other 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 article does not meet all the criteria of this provision, consideration of classification under the above subheading is precluded.

The applicable subheading for the instant heart-shape ceramic article will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental articles of ceramic. The rate of duty will be 6.6 percent ad valorem.

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

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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