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NY B87123




July 16, 1997

CLA-2-69:RR:NC:2: 227 B87123

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

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

Dear Ms. Aldinger:

In your letter dated June 20, 1997, you requested a tariff classification ruling.

The sample submitted is a decorative ceramic teapot-shape article, referred to as the "Dolomite Witch Brew Teapot" (item number 972176), which measures approximately 7 inches in height by 4 3/4 inches along the width of its base. It possesses the exterior of a comical witch's face with blue hair in noting that other similar articles will depict a witch's face with either brown hair, yellow hair or red hair. Moreover, it features a witch's hat with its top section that is capable of being removed. Although this merchandise is stated to be used as a Halloween novelty teapot, it has been determined, based on its ornamental features, to be primarily designed for decorative purposes.

The applicable subheading for this decorative ceramic article, item number 972176, will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles. The rate of duty will be 6.4 percent ad valorem.

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 George Kalkines at 212-466-5794.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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