The tariff classification of a decorative ceramic article from China.

NY C89660 July 13, 1998 CLA-2-69:RR:NC:2:227 C89660 CATEGORY: Classification TARIFF NO.: 6913.90.5000 Ms. Kristen Gibson Bath & Body Works 7 Limited Parkway East Reynoldsburg, OH 43068 RE: The tariff classification of a decorative ceramic article from China. Dear Ms. Gibson: In your letter dated June 26, 1998, you requested a tariff classification ruling. Sample is being returned as requested. The sample submitted is a decorative cone-shaped ceramic article, style number 109354, which measures approximately 3 5/8 inches in height with an open top diameter of 3 5/8 inches and a base diameter of 2 3/4 inches. It is noted to possess a winter- like motif on its exterior. You state that this item should be properly classified under subheading 6914.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic articles. However, since the subject article is of the class or kind of merchandise that is provided for elsewhere, consideration of classification under the above subheading is precluded. The applicable subheading for this decorative ceramic article will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles. The rate of duty will be 6.2 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 George Kalkines at 212-466-5794. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division