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NY K81186




December 16, 2003
CLA-2-68:RR:NC:1:126 K81186

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0000

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road
Suite 400
Eden Prairie, MN 55347-4194

RE: The tariff classification of a decorative agglomerated stone article from China

Dear Mr. Anderson:

In your letter dated November 12, 2003, on behalf of your client SK Enterprises, Inc., you requested a tariff classification ruling. A representative sample was submitted and was sent to our Customs laboratory for analysis.

The subject article, which is identified as “Flower and Watering Can Solar Powered Fountain” - Item #M9164, is a kit consisting of a decorative two-piece agglomerated stone fountain figurine, 1 clear plastic tube, 1 solar panel with a 16 foot cord connected to a submersible pump and 1 metal stand. The fountain figurine is in the form of a watering pitcher sitting in a garden bed. The watering pitcher is decorated with three-dimensional flowers, ladybugs and a frog. The garden bed, which serves as a basin for collecting and distributing the water, is adorned with three dimensional frogs and mushrooms. The article measures approximately twelve inches in height. You stated in your letter that this article is solar powered and does not require batteries.

You stated in your letter that this article is composed of natural stone powder agglomerated with plastic resin.

An analysis of the sample taken by our Customs laboratory was consistent with your description.

The applicable subheading for the decorative agglomerated stone article will be 6810.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of artificial 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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