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NY E89041

November 22, 1999

CLA-2-95:RR:NC:SP:222 E89041


TARIFF NO.: 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 from China.

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 a photocopy depicting four of the five of samples.

Item #1 is a Santa Claus figure, approximately 3.5 feet high holding a Christmas tree in his hands. The Christmas tree and Santa’s beard have optic fibers. The optic fibers give both items a twinkling light appearance.

Item #2 is an artificial Christmas tree. Optic fibers extend from the base up the trunk and spread out throughout the tree in loosely bunched groups. A color wheel placed between the light source in the base and the lower end of the fibers rotates, so that the color of the “lights” in the tree changes every few seconds.

Item #3 is an artificial poinsettia. Optic fibers extend to the flowers and leaves and gives the item a twinkling look.

Item #4 is a set of animated carolers. You state that optic fibers light the books and clothing of the figures, giving them a twinkling appearance. You have provided no picture of the carolers.

Item #5 is an angel designed to be placed on the tabletop. Optic fibers give both the wings and hair of the angle a twinkling appearance.

We do not have sufficient information to render a classification on items #4, the animated carolers or #5, the tabletop angel. Please submit a sample or pictures of the carolers for our review. Also provide catalogs or sales literature showing that the carolers and the angel are advertised, bought and sold as Christmas decorations.

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.

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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