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NY D81604




September 18, 1998

CLA-2-69:RR:NC:2:227 D81604

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 article from China.

Dear Ms. Gibson:

In your letter dated August 20, 1998, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a decorative ceramic article, style number 109397, which measures approximately 3 1/2 inches in height with an open top diameter of 3 1/8 inches, an outside base diameter of 3 1/4 inches and an interior base diameter of 2 1/4 inches. It is noted to possess a snowman's face-like design on its exterior.

You state that this item should be properly classified under subheading 6914.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic articles. However, since the subject article is of the class or kind of merchandise that is provided for elsewhere, consideration of classification under the above subheading is precluded.

The applicable subheading for this decorative ceramic article 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 6.2 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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