CLA-2-68:RR:NC:2:226 C88573

Ms. Tammy Locke

Wholesale Supply Company, Inc.

International Dept.

PO Box 24600

Nashville, TN 37202

RE: The tariff classification of an agglomerated stone article from China

Dear Ms.Locke:

In your letter dated May 27, 1998, you requested a tariff classification ruling. A representative sample of the item was submitted and will be returned to you as requested.

The subject article,"Gas Grill Condiment Cart" (item #40032MDC), is a hand painted replica of a gas grill that is used to hold napkins and condiments. This item measures 7 inches in length by 5 1/8 inches in width by 6 inches in height and weighs approximately 3 pounds.

You indicated in your letter that the gas grill condiment cart is composed of natural marble powder agglomerated with polyester resin. You further indicated that the stone powder and the plastics material are evenly distributed throughout the body of the article.

The product also includes two empty plastic mustard and ketchup bottles measuring six inches in height. The essential character of this merchandise is represented by the agglomerated stone gas grill condiment cart.

The applicable subheading for the agglomerated stone article with plastic bottles will be 6810.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of...artificial stone, whether or not reinforced: other articles: other. The rate of duty will be 1 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

Jacob Bunin at 212-466-5796.

Sincerely,

Robert B. Swierupski

Director

National Commodity

Specialist Division