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NY B89656





October 7, 1997

CLA-2-69:RR:NC:2: 227 B89656

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Mr. Michael Utchell
Schenker International, Inc.
10601 NW Ambassador Dr., Ste. F
Kansas City, MO 64153

RE: The tariff classification of a decorative flowerpot from China.

Dear Mr. Utchell:

In your letter dated August 21, 1997, on behalf of ACI International, you requested a tariff classification ruling.

The sample submitted is a decorative flowerpot of earthenware which measures approximately 3 1/2 inches high with a top diameter of 3 3/4 inches. It possesses a small bottom opening and a separate base-like plate so that the water could be properly drained. It features a floral-like design around its exterior and the wording "A Teacher plants seeds that bloom over a lifetime" around its exterior rim.

The applicable subheading for this decorative ceramic flowerpot 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,

Robert B. Swierupski
Director,
National Commodity

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