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May 5, 1999

CLA-2-39:RR:NC:SP:222 E80366

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.2000; 3924.90.5500; 9103.10.40; 9405.20.8010

Mr. Rick Catalani
Expeditors International of Washington, Inc. 21318 64th Avenue So.
Kent, WA 98032

RE: The tariff classification of several articles from China.

Dear Mr. Catalani:

In your letter dated April 6, 1999, on behalf of your client Hearts & Flowers, Inc., you requested a tariff classification ruling.

You have submitted five samples.

Item #1 is an electric table lamp, model number D13. It measures approximately 15-1/2 inches in height. The cone-shaped lamp shade is made of paper with a plastic inside liner. The base of the lamp is made of resin and the lamp pole is made of plastic. It has a touch control push switch for a 60 watt bulb. A five foot power cord with a polarized plug is attached.

Item #2 is a resin clock, model number BQ5-6. The clock is approximately 3 inches in height by 2 inches wide and composed of resin with a floral pattern on the front. The clock is a quartz analog clock which contains no jewels. It is battery operated. The movement is considered a watch movement.

You have requested a marking ruling on the marking of the resin clock. This will be issued to you in a separate ruling.

Item #3 is identified as model number BQ1-7. It is a heart-shaped resin gift box that measures approximately 2-1/4 inches across and approximately 1-3/4 inches in height. The cover of the box is detachable and it has a floral design on the top. There is also a floral design along the side of the box.

Item #4 is a resin picture frame. It is identified as model number BQ8-7. The frame measures 3-15/16 inches by 3-15/16 inches. The square frame has a floral design at the top and a square glass plating. There is a retractable stand in the back.

Item # 5, model number BQ4-1, is a resin picture frame. This rectangular picture frame has a floral design at the top right and an oval glass plating. There is a retractable stand in the back. It measures 3-15/16 inches by 4-1/4 inches.

The applicable subheading for both of the resin picture frames will be 3924.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles...of plastics: other: picture frames. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the resin gift box will be 3924.90.5500, HTS, which provides for...other household articles...of plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the resin clock, style BQ5-6 will be 9103.10.40, HTS, which provides for clocks with watch movements, excluding clocks of 9104, electrically operated, other, having no jewels or only one jewel in the movement. The rate of duty will be 24 cents each plus 4.5 percent on the case plus 3.5 percent on the battery.

The applicable subheading for the resin table lamp will be 9405.20.8010, HTS, which provides for lamps and lighting fittings...electric table, desk, bedside or floor-standing lamps: other, other. The rate of duty will be 3.9 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 Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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