The tariff classification of an earthenware ceramic ornamental article from China.

N242038 May 31, 2013 CLA-2-69:OT:RR:NC:N4:428 CATEGORY: Classification TARIFF NO.: 6913.90.5000 Ms. Kiersten Schumacher QVC, Inc. 1200 Wilson Drive West Chester, PA 19380 Mail Code 232 RE: The tariff classification of an earthenware ceramic ornamental article from China. Dear Ms. Schumacher: In your letter dated May 14, 2013 you requested a tariff classification ruling. The merchandise under consideration is described as a Turkey Luminary, item number H200957. A sample was submitted with your ruling request and will be returned to you. The Turkey Luminary measures approximately 12.5 inches high by 8.75 inches wide by 7.5 inches long at its widest points, and is shaped to resemble a stylized turkey. It consists of a ceramic body shaped like a pumpkin and decorated with randomly-placed leaf-shaped cutouts and etchings; attached to this body are a metal neck, head, tail, and legs. The legs also serve to support the luminary. Within the pumpkin-shaped body, which you state is made of earthenware ceramic, is a battery-powered LED candle. When illuminated, the light from the LED candle shines through the leaf-shaped cutouts, enhancing the overall decorative effect of the article. In your ruling request you suggest classification of the Turkey Luminary in 8306.29.0000, as base metal statuettes and other ornaments. However, the essential character of this article is not imparted by the base metal components. The applicable subheading for the Turkey Luminary, item number H200957, 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 general rate of duty will be 6 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 Nicole Sullivan at (646) 733-3028. Sincerely, Thomas J. Russo Director National Commodity Specialist Division