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NY I85256





September 6, 2002

CLA-2-85:RR:NC:1:112 I85256

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Peggy Montonera
Sears, Roebuck and Company
3333 Beverly Rd. BC-172A
Hoffman Estates, IL 60179

RE: The tariff classification of an electric indoor wind chime from China

Dear Ms. Montonera:

In your letter dated August 6, 2002 you requested a tariff classification ruling.

As indicated by the submitted sample, the indoor wind chime, identified as item # 53094, consists of a base that supports an elliptical stand. The base contains a fan and the operational controls. A wind chime is suspended from the top of the stand. In operation, air generated by the fan circulates to move the wind chimes.

The applicable subheading for the electric indoor wind chime, item # 53094, will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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