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May 5, 1999

CLA-2-39:RR:NC:SP:222 E80548

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000

Ms. Anne Pitrone
Modern Icons
95 Prospect Terrace
Tenafly, NJ 07670-1807

RE: The tariff classification of a plastic figurine from China.

Dear Ms. Pitrone:

In your letter dated April 6, 1999, you requested a tariff classification ruling.

A sample of a figurine was brought in by the importer for Customs review. Upon completion, the sample was retained by the importer. This figurine is designed as a representation of “Annie Oakley”. The figurine is made of 60% plastic resin and 40% carbon carbonate (porcelain powder). The porcelain powder agglomerated with plastic is not regarded as stone. This item is not classified as agglomerated stone in heading 6810.

The applicable subheading for the plastic figurine will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: statuettes and other ornamental articles. The rate of duty will be 5.3 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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