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NY C87683

June 12, 1998

CLA-2-95:RR:NC:SP:222 C87683


TARIFF NO.: 9405.30.0010; 9505.10.2500

Mr. Mike Keeley
Brite Star Manufacturing Company
22 Jackson Street
Philadelphia, PA 19148

RE: The tariff classification of Christmas wire frame products from Hong Kong.

Dear Mr. Keeley:

In your letter dated May 7, 1998, you requested a tariff classification ruling.

You have submitted your Christmas catalog featuring pictures of 3-D wire frame products. The light sets are already clipped to the wire frames. The wire frames are especially designed to depict Christmas and the holiday season. The 3-D wire frames articles are made in the shapes of a Christmas tree, Santa, a reindeer, an angel, a sleigh, Christmas archways & gateways, snowflakes, wreaths, a star and a snowman. The wire frame articles are made for indoor and outdoor use.

The archway, gateway and snowflake are not motifs associated with the Christmas holiday. The snowman motif is currently before Headquarters.

Unfortunately we are unable to issue a ruling on the classification of the snowman 3-D wire frame product you requested us to rule on. The issue of the classification of snowmen within the Festive Article provision is presently before the office of Regulations and Rulings, Customs Service Headquarters.

Under the circumstances it is suggested that you file protests for any entries that might be made prior to the Headquarters decision being rendered. Request further review of those products, to receive consideration of your arguments.

The applicable subheading for the archway, gateway and snowflake 3-D wire products will be 9405.30.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for...lighting fittings...lighting sets of a kind used for Christmas trees: miniature series wired sets. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the Christmas tree, Santa, reindeer, angel, sleigh, wreaths and star 3-D wire frame products will be 9505.10.2500, 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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