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NY C85530




April 13, 1998

CLA-2-69:RR:NC:2:227 C85530

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.10.5000

Ms. Kimberly Fathauer
A.W. Fenton Company, Inc.
P.O. Box 360614
Columbus, OH 43236-0614

RE: The tariff classification of porcelain trinket boxes from China.

Dear Ms. Fathauer:

In your letter dated March 16, 1998, on behalf of Consolidated Stores Corp., you requested a tariff classification ruling. Samples are being returned as requested.

The samples submitted consist of the following porcelain trinket boxes, item number EA61192:
a) a bell-shape box with removable lid which measures approximately 1 1/2 inches in height with an interior dimension of 1/2 inch by 3 inches. It features a raised snowman and Christmas tree on the top lid with the sides of the bottom portion decorated with holly berries, stars and moons.
b) a bell-shape box with removable lid which measures about 1 1/2 inches in height with an interior dimension of 1/2 inch by 3 inches. It possesses a raised Santa Claus, Christmas tree, stars and holly berries on the top lid with the sides of the bottom portion decorated with holly berries, stars and moons. You inquire whether the trinket box bearing the Santa Claus decor can be classified as a festive article. Although this item is considered to be primarily decorative, its ancillary functionality in the form of a bell-shape box precludes consideration of classification as a festive article.

The applicable subheading for these porcelain trinket boxes will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles of porcelain. The rate of duty will be free.

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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