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NY J80697





February 11, 2003

CLA-2-69:RR:NC:2:227 J80697

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of ceramic wall plates with metal hangers from China.

Dear Mr. Stinson

In your letter dated January 30, 2003, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample, item number 932162, is a ceramic (dolomite) wall plate that measures nearly 8 inches in diameter. The plate is decorated with a raised harvest-like design and inserted into a metal hanger measuring about 11 7/8 inches high by 7 ¾ inches at its widest dimension. This merchandise will be imported with the ceramic plates decorated with different harvest-like designs.

You state that this item may be classified under subheading 9701.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for paintings, drawings and pastels, executed entirely by hand, other than drawings of heading 4906 and other than hand-painted or hand-decorated manufactured articles; collages and similar decorative plaques; all the foregoing framed or not framed: paintings, drawings and pastels, other. However, since the subject merchandise is not of the same class or kind as the above-enumerated articles, consideration of classification under subheading 9701.90.0000, HTS, is precluded.

The applicable subheading for the decorative ceramic wall plate with metal hanger will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles, other than of porcelain or china, other. The rate of duty will be 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 George Kalkines at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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