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NY C81343




November 6, 1997

CLA-2-69:RR:NC:2:227 C81343

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Ms. Kristen Gibson
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of a decorative ceramic pot from Italy.

Dear Ms. Gibson:

In your letter dated October 29, 1997, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a cylindrical-shape decorative ceramic pot, style number 108024, which measures approximately 3 1/2 inches high with a top diameter of 4 1/2 inches. It features a glazed exterior and a undulant top rim.

You claim that this item should be properly classified as a candleholder under subheading 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings. However, in the condition as imported, it has been determined that the subject article is not designed for any one particular use and, therefore, consideration of classification under the above subheading is precluded.

The applicable subheading for this decorative ceramic pot, item number 108024, will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles. The duty rate 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,

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