The tariff classification of decorative figurine and candleholders from China.

NY G88760 April 24, 2001 CLA-2-94:RR:NC:2:227 G88760 CATEGORY: Classification TARIFF NO.: 6913.90.5000; 9405.50.4000 Mr. John W. Whitaker O’Neill & Whitaker, Inc. United States Customs Brokers 1809 Baltimore Ave. Kansas City, MO 64108 RE: The tariff classification of decorative figurine and candleholders from China. Dear Mr. Whitaker: In your letter dated March 21, 2001, on behalf of Hallmark Cards, you requested a tariff classification ruling. Samples are being returned as requested. The samples submitted consist of the following articles: a decorative snowman-shaped figurine of earthenware, stock number 795MIS1643, which is known as the Percy Tea Light Holder with Plate. It measures approximately 6 ¾ inches in height in noting the snowman is placed on a round-shaped plate of earthenware measuring about 4 ½ inches in diameter. The snowman is attired with a checkered scarf and an open top pot-shaped hat, in addition to possessing star-shaped cutouts and raised designs of spatula, spoon and cookies on its body. Further, it features a hollow body with a fully opened bottom and top. When a candle (not included) is placed on the plate and then covered by the snowman, the light serves to enhance the decorative features of the figurine. a candleholder, known as the Miss Rose Tea Light Holder (stock number 795MIS1636), that measures approximately 3 ¾ inches in height by 5 inches in width. It depicts a snowman attired in antiquated clothing and with outstretched arms in order to simulate a scarecrow. There is a bird-shaped figurine resting on the arm and hat, in addition to an open trunk-shaped holder that is permanently affixed to the snowman’s lower front portion and designed to contain a tea light candle (not included). a candleholder, known as the Moe Tea Light Holder (stock number 695MIS3012), that measures about 3 ¾ inches in height by 4 inches in width. It depicts a snowman in winter attire and with twig-shaped arms outstretched in a lateral manner. There is a basket-shaped holder with apples, permanently affixed to the snowman’s lower front portion, that is designed to contain a tea light candle (not included). It is stated that the Miss Rose and Moe Tea Light Holders are composed of polyresin with calcium carbonate derived from natural stone. The applicable subheading for the decorative ceramic figurine, known as the Percy Tea Light Holder with Plate, will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles, other than of porcelain or china, other. The rate of duty will be 6 percent ad valorem. The applicable subheading for the Miss Rose and Moe Tea Light Holders will be 9405.50.4000, HTS, which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 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 212-637-7073. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division