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HQ 951521

June 15, 1993

CLA-2 CO:R:C:F 951521 LPF



Mr. Michael J. Spain
Sonnenberg, Anderson, O'Donnell & Rodriguez 200 West Adams Street, Suite 2625
Chicago, IL 60606

RE: Modification of NYRL 850001; Christmas tree figurine and water globe in HTSUSA;

Dear Mr. Spain:

In New York Ruling Letter (NYRL) 850001 issued March 23, 1990, a Christmas tree, was classified in subheading 9505.10.2500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as "Festive, carnival or other entertainment articles,...: Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other." Subsequently, we have reviewed that ruling and have found it to be partially in error. The correct classification is as follows.


The merchandise at issue is a plastic Christmas tree figurine, item number 400351, including within its center, a glass water globe which contains a small Christmas tree and gift, a kitten dressed in a Santa-type hat, and a mouse. The globe's base is the plastic trunk of the Christmas tree. When the globe is shaken, glitter floats around the figurines.


Whether the Christmas tree figurine and water globe is classifiable in subheading 9505.10.2500 as festive articles, articles for Christmas festivities, Christmas ornaments, or in subheading 3926.40.0000 as articles of plastics, statuettes and other ornamental aritcles.


The General Rules of Interpretation (GRI's) taken in their appropriate order provide a framework for classification of merchandise under the HTSUSA. The majority of imported goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative section or chapter notes. The Explanatory Notes (EN's) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI's.

Heading 9505, HTSUSA, provides for, inter alia, festive, carnival and other entertainment articles. The EN's to 9505 indicate that the heading covers:

(A) Festive, carnival or other entertainment articles, which in view of their intended use are generally made of non- durable material. They include:

(1) Decorations such as festoons, garlands, Chinese lanterns, etc., as well as various decorative articles made of paper, metal foil, glass fibre, etc., for Christmas trees (e.g., tinsel, stars, icicles), artificial snow, coloured balls, bells, lanterns, etc. Cake and other decorations (e.g., animals, flags) which are traditionally associated with a particular festival are also classified here.

Articles classifiable in heading 9505 tend to serve no other function than decoration.

In addition, heading 9505 is regarded as a use provision. Hence, such articles are classifiable according to their principal use. See Additional U.S. Rule of Interpretation 1(a).

Although the subject articles are decorative, stuffed textile hearts or dice belong to a class or kind of merchandise that is not specifically festival related. These articles may be used throughout the year and come in a wide variety of motifs. Accordingly, it is Customs position that the textile heart and Valentine's Day die are not classifiable as festive articles in heading 9505. See Headquarters Ruling Letter (HRL) 950957 where textile heart throbs were classified as other than festive articles. Consequently, the subject articles must be classified elsewhere.

Heading 6307 provides for other made up textile articles. The EN's to 6307 indicate that the heading covers, "...made up articles of any textile material which are not included more specifically...elsewhere in the Nomenclature." Since the articles are not included elsewhere in the HTSUSA, they are classifiable in heading 6307. The applicable subheading is 6307.90.9480.


The textile heart and Valentine's Day die are classifiable in subheading 6307.90.9480, HTSUSA, as "Other made up [textile] articles, including dress patterns: Other: Other: Other, Other." The general column one rate of duty is 7 percent ad valorem. We note that the ruling being modified indicated a general column one rate of duty of 3.1 percent ad valorem.

This notice should be considered a modification of NYRL 850001 pursuant to 19 CFR 177.9(d)(1). It is not to be applied retroactively to NYRL 850001 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, NYRL 850001 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, your client may, at its discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances.


John Durant, Director
Commercial Rulings Division

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