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NY R00529




July 16, 2004
CLA-2-69:RR:NC:1:126 R00529

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

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

RE: The tariff classification of six decorative ceramic articles from China

Dear Mr. Crago:

In your letter dated July 7, 2004, you requested a tariff classification ruling. Photographs of the items you wish to import were submitted with your ruling request.

Item #W29I0915 consists of six decorative square-shaped ceramic (dolomite) trays. Each article measures 6.25 inches by 6.25 inches by 1.4 inches.

In your letter, you question whether this merchandise could be regarded as a candleholder and classified under subheading 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. You also ask whether this merchandise should be classified under subheading 6913.90.5000, HTS, which provides for other ornamental ceramic articles, other than of porcelain or china, other. Since the tray is a decorative article which can be used to hold a wide variety of items, it is not regarded as a candleholder. Therefore, subheading 9405.50.4000, HTS, is not applicable.

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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