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NY 886697

June 24, 1993

CLA-2-95:S:N:N6:343 886697


TARIFF NO.: 9505.10.2500

Ms. Anna M. Dotson
Mountcastle International, Ltd.
107 - 8th Avenue,
St. Petersburg Beach, FL 33706

RE: The tariff classification of Christmas tree ornaments of metal from Haiti.

Dear Ms. Dotson:

In your letter dated April 22, 1993 and additional information submitted May 19, 1993 you requested a classification ruling.

You have submitted six samples of painted metal Christmas tree ornaments. The motifs of the ornaments are as follows: a bell with a red bow and holly, a Christmas wreath, a reindeer, a teddy bear with hat and candy cane, a Christmas tree and a face of Santa. There is a hole in the center top of each ornament. You have enclosed the pictures of the ornaments showing green ribbon through the holes for attachment to the tree. Each of the six ornaments is about 5 inches in length.

The applicable subheading for the Christmas tree ornaments will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof, Christmas ornaments, other. The duty rate will be 5 percent ad valorem.

Articles classifiable under subheading 9505.10.2500, HTS, which are products of Haiti are entitled to duty free treatment under the Generalized System of Preferences (GSP) and under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

Pursuant to Presidential Executive Order 12775 dated October 4, 1991 and 12779 dated October 28, 1991 imports from and exports to Haiti, other than certain excepted items, are prohibited. The ornaments which are the subject of this ruling are not among the commodities excepted from the Presidential Executive Orders. You state in your letter that Mountcastle International, Ltd. has been granted a license for exporting/importing goods with Haiti (license #H2-1064). Proof that you have been licensed to import these ornaments will have to be presented at time of entry.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


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