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NY I83776




July 8, 2002

CLA-2-68:RR:NC:2:226 I83776

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0000

Mrs. Jean Fair
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of two decorative agglomerated stone figurines from China

Dear Mrs. Fair:

In your letter dated June 18, 2002, you requested a tariff classification ruling. A representative photograph of the article was submitted with your ruling request.

The subject merchandise, which is identified as item #929550 – “SMB Polyresin Figurine Bear USA”, consists of two 5” decorative agglomerated stone male and female bear figurines. Each bear figurine is painted in patriotic colors of red and white stripes with white stars on a blue background.

You indicated in your letter that this item will be marketed and sold as a decoration for the Fourth of July and should be classified under heading 9505, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles. For this heading to apply, the bears would have to be restricted in their use to only that holiday. That is not the case. These bears can be proudly displayed at any time of the year.

You indicated in your letter that the two bear figurines are composed of natural stone powder agglomerated with plastics material.

The applicable subheading for the two decorative agglomerated stone figurines will be 6810.99.0000, HTS, which provides for articles ofartificial stone, whether or not reinforced: other articles: 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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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