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NY K87210




July 12, 2004
CLA-2-68:RR:NC:1:126 K87210

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0000

Mr. David A Bennett
Amco Brokers and Forwarders, Inc.
120 Dunmar Building North
Dundalk Marine Terminal
2700 Broening Highway
Baltimore, Maryland 21222

RE: The tariff classification of an agglomerated stone article from China

Dear Mr. Bennett:

In your letter dated June 11, 2004, on behalf of your client, Plow & Hearth, Inc., you requested a tariff classification ruling. A representative sample of the item was submitted with your original ruling request. However, the sample was returned to you because of additional information that was required.

Item number 10113 - “Fire Log Candelabra”, is an agglomerated stone article that resembles a stack of wood logs with holes molded into the logs. The item includes six round candles. The candles are placed in the holes of the logs, thus giving the item the illusion of real burning logs. The log sculpture measures approximately eighteen inches in length. You stated the product will be marketed in two colors: oak and birch (bir).

You indicated in your letter that the log sculpture is composed of gypsum powder agglomerated with plastics material.

The applicable subheading for the agglomerated stone article with six round candles will be 6810.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles ofartificial stone, whether or not reinforced: other articles: other. The rate of duty will be free.

In your request you have asked whether the round candles are subject to antidumping duties when imported with the log sculpture or when imported separately. Candles from China may be subject to antidumping duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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