CLA-2-S:COD:D07

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA. 17105

RE: The tariff classification of #980105 polyresin figurine from China.

Dear Ms. Aldinger:

This is a slight modification of the ruling issued by this office on 1/30/98. Neither the Harmonized Tariff Number nor the duty rate has been changed.

In your letter dated 11/17/97 and the follow up information received on 1/12/98 you requested a tariff classification ruling.

The sample you provided is a stylized bunny rabbit holding a bouquet of flowers in one hand and a basket of flowers in the other hand. The bunny rabbit is standing in a simulated field of grass complete with mushrooms, flowers and a small basket of baby chicks. The basket of chicks is covered by a clear glass dome which contains water and glitter. The entire figurine is approximately 4" high and is made almost entirely of plastic resin and naturally derived calcium carbonate. All of the ingredient materials are evenly distributed throughout the body of the article.

The applicable subheading for the figurines will be 6810.99.00, Harmonized Tariff Schedule of the United States (HTS), which provides for "Articles of cement, of concrete or of artificial stone...:Other articles: Other". The rate of duty will be 1%. Your sample is returned herewith.

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.

Sincerely,

Joseph Wilson
Port Director
Buffalo, N.Y.