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NY G82521




October 13, 2000

CLA-2-83:RR:NC:N1:113 G82521

CATEGORY: CLASSIFICATION

TARIFF NO.: 8306.29.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a birdbath with fountain from China

Dear Mr. Hoffacker:

In your letter dated September 18, 2000, on behalf of Consolidated Stores, you requested a tariff classification ruling.

The merchandise is a birdbath with a fountain, item #H51/SR011/2. The article is an aluminum and cast iron birdbath, 28.5 inches in height and 19.5 inches in diameter [72.4 x 49.5 cm.] It is topped by the figurine of a girl with an umbrella. The figurine is 10 inches in height [25.4 cm.] The birdbath contains a pump to circulate the water.

The applicable subheading for the birdbath with fountain will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for statuettes and other ornaments, of base metal, other. 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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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