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NY N020600




February 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6810.99.0080

Ms. Francine Ramsey
Hampton Direct, Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

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

Dear Ms. Ramsey:

In your letter dated December 3, 2007, you requested a tariff classification ruling regarding an item referred to as “Cupped Hands” Birdfeeder – item number 59280. A representative sample was submitted and was sent to our U.S. Customs and Border Protection laboratory for analysis. The laboratory has now completed its analysis.

The submitted sample is a decorative agglomerated stone birdfeeder in the form of cupped hands with a sparrow perched on one of its hands. The overall measurements are 7 ¾” in length by 7 ¼” in width by 5 ¼” in height. The birdfeeder can hold either one cup of birdseed or one-half cup of water.

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

The applicable subheading for the decorative agglomerated stone birdfeeder - item number 59280 - will be 6810.99.0080, Harmonized Tariff Schedule of the United States (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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