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NY B84215




April 28, 1997

CLA-2-44:RR:NC:SP:230 B84215

CATEGORY: CLASSIFICATION

TARIFF NO.: 4420.10.0000; 4420.90.8000

Ms. Kim Young
BDP International Inc.
2721 Walker NW
Grand Rapids, MI 49504

RE: The tariff classification of ornamental articles of wood, from China.

Dear Ms. Young:

In your letter dated April 7, 1997, on behalf of Meijer, Inc., you requested a tariff classification ruling. Four samples were submitted and are being returned to you as requested.

Item 1 is identified as a "mini bark house on root base," code #900336. It is a crude ornamental shack (about 2" x 3" x 4") mounted atop a mass of dried, woody roots affixed to a flat, 5" x 7" wooden base. A ladder made of twigs ascends from the base to the "entrance." Although the shack's exterior is composed of strips of bark, its floor and ceiling are of wood, which is the preponderant material of the overall article.

The applicable subheading for the "mini bark house on root base" will be 4420.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for statuettes and other ornaments, of wood. The rate of duty will be 4%.

The "mini bark house" may be subject to regulations administered by the U.S. Department of Agriculture (USDA). Inquiries may be addressed to:

U.S. Department of Agriculture
A.P.H.I.S., PPQ
Federal Building, Rm. 628
6505 Bellecrest Road
Hyattsville, MD 20782

Item 2 is a set of two ornamental "chipwood watering cans" (code #900332). The side of each "can" is made of a single,
continuous, curved sheet of thin, flexible wood (about 1/32" thick), while the base is made of a flat sheet of such wood. The items feature non-functional wooden spouts, plus rims and handles that appear to be made of bent strips of bamboo. The two "cans," which are both painted or stained green, are the same except for their size. One has a diameter of about 6 inches and a height of about 5 inches, while the other has respective dimensions of approximately 4 inches by 3 inches. Although these products are decorative, they could also function as receptacles for holding household items of various kinds.

The applicable subheading for the "chipwood watering cans" will be 4420.90.8000, HTS, which provides for other wooden articles of furniture not falling within chapter 94. The rate of duty will be 4%.

Your inquiry does not provide enough information for us to give a classification ruling on item 3 ("mini tree w/2 nests" & eggs, code #900339) or item 4 ("grass nest w/6 eggs," code #900337). Your request should include the specific source of the eggs and how they are prepared for these articles. It is also suggested that, prior to resubmitting these products for a ruling, you contact the USDA (at the above address), and the Fish and Wildlife Service (address below) to check on possible admis-sibility problems and/or regulations which may be applicable.

Office of Management Authority
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, Rm. 432
Arlington, VA 22203

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 regard-ing the ruling, contact National Import Specialist Paul Garretto, at 212-466-5779.

Sincerely,

Gwenn Klein Kirschner

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