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NY L89545




March 17, 2006

CLA-2-68:RR:NC:1:126 L89545

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0000

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
8855 Columbine Road
Suite 400
Eden Prairie, MN 55347-4148

RE: The tariff classification of a decorative agglomerated stone article from China

Dear Mr. Anderson:

In your letter dated December 11, 2005, on behalf of your client, Studio 33, you requested a tariff classification ruling. A representative sample was submitted and was sent to our Customs laboratory for analysis. The laboratory has now completed its analysis.

The submitted sample, designated in your letter as “Teddy Bear Valentine Water Globe” – item number 10151, is a decorative agglomerated stone article including a glass waterglobe. The globe is filled with water, iridescent glitter and a three-dimensional agglomerated stone large red heart with smaller red hearts. The word “Love” in white letters appear on the large red heart. The globe sits on a decorative agglomerated stone base which includes a pair of three-dimensional teddy bear figurines, snuggling up to one another, surrounded with red hearts and flowers. The words “Kiss” and “I Love You” are engraved into the base.

In your presentation you suggest that the decorative article, item number 10151, be classified under 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Festive, carnival, or other entertainment articles. The instant item, although advertised and sold during the Valentine’s Day Holiday, lacks a reference to Valentine’s Day. Its use is not limited to that holiday. Therefore, the decorative agglomerated stone article is not a festive article.

You indicated in your letter that this article is composed of natural limestone powder agglomerated with plastics material. Analysis of the sample by our Customs laboratory is consistent with your description of its composition.

The applicable subheading for the decorative agglomerated stone article - item number 10151 - will be 6810.99.0000, HTSUS, which provides for articles ofartificial stone, whether or not reinforced: other articles: other. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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