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NY J83670





May 6, 2003

CLA-2-95:RR:NC:SP:225 J83670

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.10.5000

Jodi Latner
Livingston International Trade services, Inc. 3556 Lakeshore Road Suite 200
Buffalo, NY 14219

RE: The tariff classification of Caketop/Keepsakes from China

Dear Ms. Latner:

In your letter dated April 16, 2003 you requested a tariff classification ruling on behalf of your client Weddingstar Inc.

Item 1066, Platinum Elegance Caketop/Keepsake, has a five-inch porcelain bride and groom atop the polyresin cake top base keepsake. A heart decorated with braid, rhinestones, lace and ribbon surrounds the couple. The essential character of the composite good is considered to be the porcelain statue.

The applicable subheading for item 1066 will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Statuettes and other ornamental ceramic articles: Of porcelain or china: Other: Other. The rate of duty will be free.

For items 1009, 1678, 1681-08, 1681-06 we are returning your request for a classification ruling, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

Please provide a breakdown of component materials by weight and value.

We need the following information on the polyresin cake top base:

Is the “polyresin” material pure polyresin plastics or a combination of plastics and another material?

If it is a combination of plastics and another material, are the two materials uniformly blended or agglomerated thoughout the body of the article? Please provide the precise geological and/or chemical name of the material agglomerated with the plastic resin. Please indicate the percentage by weight of the plastics and the percentage by weight of the other material.

Please describe the manner in which the material agglomerated with the plastics is produced or derived. Is this material (e.g., calcium carbonate) derived from natural stone, a mineral source other than stone or a synthetic chemical?

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request 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 J. 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 Alice J. Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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