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NY B82207




May 2, 1997

CLA-2-68:RR:NC:2:226 B82207

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0000, 9505.10.5020

Ms. Sally Berghauser
The Paper Magic Group, Inc.
P.O. Box 977
Scranton, PA 18501

RE: The tariff classification of four agglomerated stone wall plaques from China and plastic display stands from Taiwan

Dear Ms. Berghauser:

In your letter dated February 7, 1997, you requested a tariff classification ruling regarding four wall plaques. Representative samples were submitted with your ruling request and were sent to our Customs laboratory for analysis.

You indicated in your letter that the wall plaques consist of calcium carbonate (derived from natural stone) and polyester resin. You further indicated that the calcium carbonate and the plastics material are evenly dispersed throughout the body of each article. Our laboratory has confirmed that the articles are derived from these constituent materials.

Each plaque measures approximately 6 1/2 inches in length by 5 inches in width. On the back of each plaque is a metal hook which can be used to hang the article. Also, included with each plaque is a small plastic bifold stand which can be used to display the item. The plaques and the plastic stands constitute a set for tariff purposes.

Item #98392 (Three Wise Men), item #98443 (Wreath) and item #98397 (Daisy Kingdom Snowman) are not festive articles. They are not traditionally associated with Christmas festivities, Wise Men alone are not a nativity scene. However, item #98391 (Santa) is a unique form traditionally associated with Christmas.

The applicable subheading for the Santa wall plaque with plastic display stand will be 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of Christmas festivities; other: other. The rate of duty will be free.

The applicable subheading for the remaining three agglomerated stone wall plaques with plastic display stands will be 6810.99.0000, HTS, which provides for articles of...artificial stone, whether or not reinforced: other articles: other. The rate of duty will be 2 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 Jacob Bunin at 212-466-5796.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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