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NY C89157


June 30, 1998

CLA-2-69:RR:NC:2:227 C89157

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Mr. Michael L. Utchell

Schenker International

10601 NW Ambassador Dr., St. F

Kansas City, MO 64153

RE: The tariff classification of a decorative ceramic article from China.

Dear Mr. Utchell:

In your letter dated June 15, 1998, on behalf of ACI International, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a decorative mug-shaped ceramic article which measures approximately 4 inches in height and depicts the three-dimensional sculpted face of "Tony the Tiger." Further, along its anterior bottom portion is the wording "Tony."

You claim that this item should be classified under subheading 6912.00.4400, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tableware...other than of porcelain or china: mugs. However, since this article is primarily designed to be utilized for decorative purposes, 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,


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