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NY 888726



August 13, 1993

CLA-2-::S:N:N8:344 888726

CATEGORY: CLASSIFICATION

TARIFF NO.: 9601.90.2000

Ms. Kathleen Crawford
BDP International, Inc.
1017 4th Avenue
Lester, PA 19029-1813

RE: The tariff classification of a wind chime made of a puffer fish and sea shells from the Philippines.

Dear Ms. Crawford:

In your letter of July 20, 1993, on behalf of McCrory Stores, you requested a tariff classification ruling on a wind chime made of a puffer fish and sea shells.

The submitted sample is a wind chime, which consists of a puffer fish with five chimes made of sea shells (sea urchin and surf clam). Each chime consists of four surf clam shells, four plastic spacer beads and one sea urchin shell. The shells and plastic beads are threaded onto textile cord which is inserted into the bottom of the puffer fish. A straw hat with flowers decorates the top of the puffer fish through which extends a nylon string and a braided straw "O" shaped ring for hanging.

The essential character of this article is derived from the sea shells.

The applicable subheading for the sea shell wind chime will be 9601.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Worked ivory, bone, tortoise-shell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by molding): Other: Worked shell and articles thereof. The rate of duty will be 3.4% ad valorem.

Articles classifiable under subheading 9106.90.2000, HTS, which are products of the Philippines are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Your sample is being returned as requested.

It is advised that you contact the Fish and Wildlife Service before importation, in the event there are any restrictions concerning this article.

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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