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NY C86364





April 30, 1998

CLA-2-92:RR:NC:2:227 C86364

CATEGORY: CLASSIFICATION

TARIFF NO.: 9208.10.0000

Mr. William A. Vollmerhausen
Kmart Corporation
3100 West Big Beaver Rd.
Troy, MI 48084-3163

RE: The tariff classification of a music box and glass paper weight from Taiwan.

Dear Mr. Vollmerhausen:

In your letter dated April 2, 1998, you requested a tariff classification ruling.

The samples submitted consist of the following articles:
a) a waterglobe-shape music box, item number 04-24-88, which measures approximately 5 1/2 inches high with a base diameter of 4 1/4 inches. It features a water- filled glass globe which contains zebra-like figurines affixed to a plastic-like base decorated with various kinds of animals in a jungle-like setting. It also possesses a windup musical mechanism situated at the bottom of the base which, when activated, plays the melody "If We Could Talk to the Animals."
b) a globe-shape glass paper weight with flat base, item number 1518C, which measures about 2 1/4 inches high and contains marine-like creatures and plants.

The applicable subheading for the waterglobe-shape music box will be 9208.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for music boxes. The rate of duty will be 3.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the glass paper weight. Your request for a classification ruling should include the following:
a) the unit value of this item (the price which it is sold by the foreign firm to the American importer).
b) Are the creatures and plants within the glass globe also made of glass?
c) Are the creatures and plants inserted into the glass mold prior to solidification?

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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