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NY B84337





May 9, 1997

CLA-2-95:RR:NC:SP:222 B84337

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.4010

Ms. Tammy Locke
Wholesale Supply Company, Inc.
7100 Service Merchandise Drive
Brentwood, TN 37202

RE: The tariff classification of a talking/singing Christmas tree from China.

Dear Ms. Locke:

In your letter dated April 2, 1997, you requested a tariff classification ruling.

The submitted sample is identified as item #67878TLC, a Sound Activated
Christmas Singing and Talking Tree. The green polyvinyl chloride strips have been wrapped around a wire base intended to resemble pine branches. It is decorated with Christmas ornaments, red bows and a Santa's hat on the top. This tree design includes a face. The mouth opens and closes synchronized to sound. The eyes roll and it sings "Oh Christmas Tree". The tree measures 24 inches in height. This item uses 3 "C" size batteries (not included) and it comes with an adapter jack.

The applicable subheading for the talking/singing Christmas tree will be 9505.10.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for festive...articles for Christmas festivities and parts and accessories thereof: other: of plastics, artificial Christmas trees. The rate of duty will be free.

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 Alice Masterson at 212-466-5892.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products

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