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NY D83887




December 17, 1998

CLA-2-68:RR:NC:2:226 D83887

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0000

Mr. Louis S. Shoichet
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of an agglomerated stone article from China

Dear Mr. Shoichet:

In your letter dated October 19, 1998, on behalf of your client, Avon Products, Inc., you requested a tariff classification ruling. A representative sample of the item was submitted and was sent to our Customs laboratory for analysis.

The subject merchandise, which is identified as NATURAL WATERFALL PLANTER - PP 180646, is a decorative agglomerated stone waterfall figurine, with self-contained battery operated pump and sound chip. The article measures approximately eight and one half inches in height (at its tallest point) by six inches in diameter. The item depicts an antique ornate garden faucet decorated with a perching bird, flowers and butterflies. The base of the article incorporates a battery-operated pump and tubing which allows re-circulating water to flow from the basin through the faucet; a pre-programmed musical chip is included with the item.

You stated that the article is composed of limestone powder agglomerated with plastics resin. Our lab has confirmed that the submitted sample consisted of these materials.

The applicable subheading for the agglomerated stone article will be 6810.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of...artificial stone, whether or not reinforced: other articles: other. The rate of duty will be one percent ad valorem. Effective January 1, 1999 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 Jacob Bunin at 212-466-5796.

Sincerely,

Robert B. Swierupski
Director

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