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May 13, 1999

CLA-2-95:RR:NC:SP:222 D89790


TARIFF NO.: 9505.10.2500

Ms. Mary E. Keller
A. W. Fenton Company, Inc.
P. O. Box 75029
Cincinnati, OH 45275-0029

RE: The tariff classification of Christmas decorations from China.

Dear Ms. Keller:

In your letter dated April 5, 1999, on behalf of your client New Creative Enterprise Inc., you requested a tariff classification ruling. You have submitted five samples of windsculpts (wall hangings). The windsculpts are composed of 100% nylon woven fabric. All of the windsculpts have a “vertical motif”. They are designed to hang vertically by a rod put through the “tunnel” or sleeve at the top. They are sewn together on all four sides. There are no grommets or other means to affix to a pole on the left side. The windsculpts are double sided and suitable for use indoor or outdoor.

Item #45454 is a Mickey and Minnie wreath. This wall hanging is in the shape of a Christmas wreath. The faces of Mickey and Minnie Mouse in Santa hats are stitched onto the wreath. Holly leaves and berries are also stitched to the wreath. A large three dimensional red bow is stitched to the bottom of the wreath. This item measures 29" wide by 38" long.

Item #90923 is identified as the Heralding Angel. It is designed with an angel blowing a trumpet. The angel has the word “NOEL” on a streamer at the bottom of her dress. The angel’s wings, face and arms are puffed. This wall hanging measures 38" wide by 42" high. Item #90922 is designed as Candy Cane Snowman. This three dimensional wall hanging shows a snowman with a carrot nose sticking out, holding a candy cane in each hand. The snowman wears a red and green scarf around his neck. He is also wearing a black hat with a green band, a poinsettia flower decorates his hat band. This item measures 31" wide by 39" high.

Item #90961 is identified as Santa Pooh. This wall hanging shows the cartoon character “Winnie the Pooh”. He is dressed in a Santa Claus hat with a three dimensional puffed tassel, and a puffed red shirt. This article measures 28" wide by 50" long.

Item #90927 is identified as Snoopy Home for Christmas. It depicts the Peanuts cartoon character “Snoopy” laying on top of his red dog house with a Christmas tree in the front. The Christmas tree is puffed, with multicolor balls as ornaments. There are presents under the tree and the Peanuts character “Woodstock” sitting at the point of the tree like a star. This item measures 26" wide by 40" high.

The samples are returned as you requested.

The applicable subheading for all of the above mentioned samples 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, 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 212-637-7090.


Robert B. Swierupski

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