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NY L86181




July 15, 2005

CLA-2-39:RR:NC:N2:221 L86181

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000

Mr. Michael J. Skidmore
Michael J. Skidmore, Customs Consultant
103 Greenleaf Street
Quincy, MA 02169

RE: The tariff classification of an angel statuette with bud vase from China

Dear Mr. Skidmore:

In your letter dated June 28, 2005, on behalf of Potpourri Group Inc., you requested a tariff classification ruling.

The sample submitted with your request is identified as an angel bud vase, style number P25942. The figure measures approximately 10 inches high by 4 inches wide by 8 inches deep and is in the form of an angel kneeling on one knee and having crossed arms, upraised wings and flowing garments. The statuette is made from polyresin plastic containing no powdered stone. The product includes a cone shaped vase made of plain glass, measuring 3¼ inches in top diameter and 4¾ inches in height, that may be held in place between the upraised wings. The figure is highly decorative and is fully usable without the glass vase. According to the cost breakdown submitted with your request, the statuette accounts for 95 percent of the total value of the product. The essential character of this decorative article is imparted by the polyresin statuette.

The applicable subheading for the angel statuette with bud vase will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plasticsstatuettes and other ornamental articles. The rate of duty will be 5.3 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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