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NY C84837

March 11, 1998

CLA-2-95:RR:NC:SP:222 C84837


TARIFF NO.: 9505.10.2500

Ms. Joan Baumgartner
O'Donnel, Byrne & Williams
20 North Wacker Drive, Suite 1416
Chicago, IL 60606

RE: The tariff classification of an animated Christmas tree ornament from China.

Dear Ms. Baumgartner:

In your letter dated February 19, 1998, on behalf of your client Santa's Best, Inc., you requested a tariff classification ruling.

The submitted three samples of Christmas tree ornaments. Two of the ornaments are approximately 4 inches tall. They are made of molded plastic.

The first sample is in the shape of a snowman wearing a red vest, red and green scarf and a hat that is decorated with a red and green band and a sprig of holly.

The second sample is a "Winnie the Pooh" Christmas tree ornament. Both ornaments are intended to be hung on a Christmas tree and plugged into a set of Christmas lights. The light inside the ornament illuminates the ornament, making it more visible on the tree. Your letter of inquiry states that these Christmas tree ornaments do not have a loop with which they may be hung on a tree, but this feature will be added to the final product.

The third sample is approximately 11 inches tall. This ornament is "Snoopy" in a Santa Claus suit and holding a sack of gifts. This item is also intended to be plugged into a set of Christmas tree lights. It is intended to hang from a lower branch of a Christmas tree or placed on the floor under the Christmas tree. The light set provides power to move the animated portions of the "Snoopy" ornament. When plugged in, Snoopy's arms, legs and head moves.

The applicable subheading for the three Christmas ornaments will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for festive...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other, other. 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.


Robert B. Swierupski

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