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NY E88652

November 22, 1999

CLA-2-95:RR:NC:SP:222 E88652


TARIFF NO.: 6913.90.5000; 9505.10.2500

Mr. Karl F. Krueger
AEI Customs Brokerage Services
P. O. Box 5129
Southfield, MI 48086-5129

RE: The tariff classification of Christmas decorations and other articles from China, Hong Kong and Thailand.

Dear Mr. Krueger:

In your letter dated October 7, 1999, on behalf of your client Franks Nursery & Crafts, you requested a classification ruling.

You have submitted five photocopies of samples.

Item #1 is the frame of a three dimensional animated reindeer light sculpture. It consists of a decorative metal frame with lights strung along the frame. The frame has an electric motor with a cam drive. The motor and cam drive moves the head of the reindeer up and down (as in eating), or side to side (as in looking around).

Item #2 is the representation of a decorative Christmas tree light sculpture. It consists of a vertical support pole, around which a metal spiral forms the shape of a Christmas tree. The spiral Christmas tree has a star on the top and lights are spaced along the spiral.

Item #3 is a three dimensional reindeer light sculpture formed on a wire frame. The wire frame is covered with white garland, to give the reindeer a more solid appearance. A string of lights is attached to the frame for illumination.

Item #4 is a rattan basket with a wooden base. The handles are made of wrapped curved wood. The top of the basket is made with a stiff frame to hold the shape. The sides of the basket is made of an open weave (spider weave).

Item #5 is an earthenware planter. It is molded on the outside to give the appearance of basket weaving.

We do not have sufficient information to render a classification on item #4, the rattan basket. Please submit a sample of the rattan basket for our review. Also provide a breakdown by weight and value of each of the component materials used in the manufacture of the rattan basket.

The applicable subheading for items #1, #2 and #3 will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides forarticles for Christmas festivities and parts and accessories thereof: Christmas ornaments, other, other. The rate of duty will be free.

The applicable subheading for item #5 will be 6913.90.5000, HTS, which provides for other ornamental articles of ceramic, other. The rate of duty will be 6 percent ad valorem.

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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