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NY R00528




July 30, 2004
CLA-2-69:RR:NC:1:126 R00528

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Mr. Troy D. Crago
Atico International, USA
501South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of decorative ceramic articles from China

Dear Mr. Crago:

In your letter dated July 7, 2004, you requested a tariff classification ruling. A photograph depicting the item you wish to import was submitted with your ruling request.

The subject merchandise, which you describe as “Candy Dish” - item #C39E3436, consists of six, decorative, hand-painted ceramic (dolomite) articles. Four of these items are in the shape of a flower and two are in the shape of a butterfly. The measurements are 6 inches by 1 inch.

In your letter, you express your opinion that these articles should be classified under subheading 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic tablewareother than of porcelain or chinaother, suitable for food or drink contact. You also ask whether these products could be regarded as decorative articles and classified under subheading 6913.90.5000, HTS, which provides for other ornamental ceramic articles, other than of porcelain or china, other. Since these products are decorative multifunctional articles, consideration of classification under 6912.00.4810, HTS is precluded.

The applicable subheading for these decorative ceramic articles will be 6913.90.5000, HTS, which provides for other ornamental ceramic articles, other than of porcelain or china, other. The rate of duty will be 6 percent ad valorem.

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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