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September 13, 1999

CLA-2-95:RR:NC:SP:222 E85674

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500; 7419.99.1500

Ms. Bea O’Halloran
Circle International, Inc.
P. O. Box 619023
DFW Airport, TX 95261-9023

RE: The tariff classification of four articles from China.

Dear Ms. O’Halloran:

In your letter dated August 4, 1999, on behalf of your client The Neiman Marcus Group, you requested a classification ruling.

You have submitted four samples.

The first sample style #JBB-11136B, is a seasonal hanging ornament box. It is composed of cardboard. This ornament box is made in the shape of a butterfly without partitions inside. The box is embroidered with a glass bead surface on the top. The remaining outer surfaces are covered with textile fabric. A string is attached to the top for the purpose of hanging the box. Your letter states that this item will be marketed during the Christmas and Easter seasons. The ornament box will be packed with wrapped candy (in the United States).

The second sample style #BOA-277, is a seasonal hanging ornament box. This product is composed of cardboard. It is made in the shape of a black cat curled next to a pumpkin. The box is without partitions inside. The cat and pumpkin images are embroidered with glass beads and plastic sequins on the top. All remaining outer surfaces are covered with man-made textile fabric. Your letter states that this item will be marketed during the Halloween season. It is packed with wrapped candy (in the United States). A string is attached to the top for the purpose of hanging the box. The third sample is a brass Christmas stocking holder. It is designed in the shape of a Christmas tree with a votive cup holder. You state that other styles include an angel with a trumpet and the other style is topped with a deer.

The fourth sample style #8537411/LP, is a silver plated brass holder for sugar substitute packets. It is sold with a man-made fabric protective pouch. The top of the holder has the words “You can never be too rich or too thin” inscribed with a small crown and the words “the Duchess of Windsor.

We do not have sufficient information to render a classification on the ornament boxes. Please provide marketing literature, catalogs, or other advertisement as proof that these boxes are advertised, bought and sold as festive articles.

All of the samples are returned as you requested.

The applicable subheading for the silver plated brass holder for substitute sugar packets will be 7419.99.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of copper: other: containers of a kind normally carried on the person, in the pocket or in the handbag. The rate of duty will be 3 percent per dozen.

The applicable subheading for the Christmas stocking holder will be 9505.10.2500, HTS, which provides forarticles 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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