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NY K89212




September 16, 2004

CLA-2-97:RR:NC:SP:233 K89212

CATEGORY: CLASSIFICATION

TARIFF NO.: 9701.10.0000

Ms. Lara A. Austrins
Rodriguez, O’Donnell, Ross
Fuerst, Gonzalez & Williams
20 North Wacker Drive, Suite 1416
Chicago, IL 60606

RE: The tariff classification of a suncatcher from China.

Dear Ms. Austrins:

In your letter dated august 31, 2004, on behalf of United Global Sourcing, Incorporated, you requested a tariff classification ruling.

The merchandise under consideration is a hand painted glass suncatcher. The item features a scene of an eagle in the foreground with an American flag, flagpole and a cloud in the background. The design is hand painted on clear glass. The clear glass, which is hand carved, is oval in shape and measures approximately seven inches in height and 5 ¼ inches in width at its greatest points. The outline of the scene is painted by free hand using black paint. Thereafter, paint in numerous colors is hand painted in the sections of the outlined piece of glass. Finally, a metal frame is added around the glass and soldered together by hand.

The applicable subheading for the suncatcher will be 9701.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Paintings, drawings and pastels, executed entirely by hand.” 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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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