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NY M86936




October 25, 2006

CLA-2-69:RR:NC:1:126 M86936

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Mr. Dennis Morse
BDP International
2721 Walker Avenue, NW
Grand Rapids, MI 49504

RE: The tariff classification of a decorative ceramic (non-porcelain) plate from China

Dear Mr. Morse:

In your letter dated September 27, 2006, on behalf of Meijer Distribution, you requested a tariff classification ruling.

A sample was submitted with your ruling request. This sample will be returned to you as requested.

The product is a decorative ceramic plate - Item# 850195, UPC# 7-08820-57812-8. The diameter of the article is 11.5 inches.

The plate is labeled for “decorative purposes only.” In a telephone conversation with this office you stated that it will never be used as a table/kitchen article. You stated that it does not meet the safety requirements for ceramic products that are used to hold food.

Although you indicated that the product will be used to support a candle, it is a decorative ceramic plate that can be used for purely decorative purposes and as a stand to hold a wide variety of items. The form of this article does not indicate that it is principally used as a candleholder.

      The applicable subheading for the decorative ceramic plate (Item #850195, UPC# 7-08820-57812-8) will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for statuettes and other ornamental ceramic articles: other: other: other. The rate of duty will be six percent ad valorem.

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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