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NY N017253




September 21, 2007

CLA-2-69:RR:E:NC:1:128

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.90.5000

Mr. Kevin Ekstrand
Laufer Group International
1446 Taney
North Kansas City, MO 64116

RE: The tariff classification of decorative earthenware containers from Vietnam.

Dear Mr. Ekstrand:

In your letter dated September 18, 2007, on behalf of The Hayes Company, Inc., you requested a tariff classification ruling.

The subject merchandise, based on literature and photographs submitted, consists of various decorative containers comprised of 80% earthenware and 20% glaze, identified as follows:

Item # HAY004R is a Tuscan Earthenware Vase measuring 17” x 20”, with a sand color-finish.

Item # HAY006R is a Beach Earthenware Jar measuring 15” x 30”, with a sage color-finish.

Item # HAY005R is a Bahama Earthenware Vase measuring 18.5” x 37”, with a brown color-finish.

Item # HAY007R consists of three Mocha Earthenware Containers measuring 21” x 14”, 17” x 11”, and 12” x 9”, all with a mocha color-finish.

Item # HAY009R is a Roll Top Earthenware Pot measuring 18.5” x 18.5”, with a sand color-finish.

You suggest that the subject merchandise may be classified under subheading 6913.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Statuettes and other ornamental ceramic articles: Other: Other: Of earthenware, whether or not decorated, having a reddish-colored body and a lustrous glaze, and mottled, streaked or solidly colored brown to black with metallic oxide or salt.” However, since the subject articles do not meet the above-stated criteria, consideration of classification under subheading 6913.90.3000, HTSUS, is precluded.

The applicable subheading for the decorative earthenware containers, Items HAY004R, HAY006R, HAY005R, HAY007R and HAY009R, will be 6913.90.5000, HTSUS, which provides for “Statuettes and other ornamental ceramic articles: Other: Other: Other.” The rate of duty will be 6% 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 Sharon Chung at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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