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NY J81578




March 17, 2003

CLA-2-68:RR:NC:2:226 J81578

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0000, 9505.10.2500

Mr. Donald A. Keller
O’Neill & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, Missouri 64108

RE: The tariff classification of two agglomerated stone articles and one festive article from China

Dear Mr. Keller:

In your letter dated February 20, 2003, on behalf of your client, Demdaco, Inc., you requested a tariff classification ruling. Two representative samples and several catalogue pages depicting the items in question were submitted with your ruling request. The two samples will be returned to you as requested.

The first submitted sample, “Angel with Flag Mini Waterball” – item #32506, is a decorative article of agglomerated stone with a two-inch high glass water globe. The water globe permanently rests on a base of agglomerated stone. The word “Liberty” is inscribed four times around its base. The globe, which is filled with distilled water and iridescent glitter, contains a three-dimensional agglomerated stone angel figurine holding an American flag in one hand a basket of American flags in the other. An agglomerated stone circular cap with a star is attached to the top of the outer surface of the globe.

The second submitted sample, “Ark Mini Waterball” – item #32510, is a decorative article of agglomerated stone with a two-inch high glass water globe. The water globe permanently rests on a base of agglomerated stone. The word “Peace” is inscribed four times around its base. The globe, which is filled with distilled water and iridescent glitter, contains an agglomerated stone, three-dimensional, ark figurine. A green wreath with yellow flowers composed of agglomerated stone is attached to the top of the outer surface of the globe. The applicable subheading for the “Angel with Flag Mini Waterball” – item #32506 and “Ark Mini Waterball” – item #32510 will be 6810.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of...artificial stone...other articles: other. The rate of duty will be free.

The product featured in the submitted catalogue page is identified as “Angel with Wreath Mini Waterball” - item #32509. The item is a two-inch high glass water globe on an agglomerated stone base. The word “Joy” is inscribed around its base. The globe, which is filled with distilled water and iridescent glitter, contains a three-dimensional angel figurine holding a green Christmas wreath with a red bow.

The applicable subheading for the “Angel with Wreath Mini Waterball” item #32509 will be 9505.10.2500, HTS, which provides for festive...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other, other. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the following two products: “Swan Mini Waterball” - item #32505 and “Teddy Bear Mini Waterball” - item #32508. Your request for a classification ruling should include these two samples. If you decide to resubmit your request, please mail your request with these two samples to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Alice Wong at 646-733-3026.

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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