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NY F89338




July 28, 2000

CLA-2-95:RR:NC:SP:225 F89338

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000; 4420.10.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of outdoor decorations from China

Dear Mr. Hoffacker:

In your letter dated July 7, 2000 you requested a tariff classification ruling on behalf of Consolidated Stores, Inc.

Two photographs picturing four outdoor decorations were submitted with your inquiry. The assortment, item #15653004, includes styles A, B, C and D. The articles are painted wooden signs affixed to a stake for insertion into the ground. Each item measures approximately 30” in height.

Item A depicts a pastel colored baby chick bearing the greeting “WELCOME.” Item B portrays a baby chick breaking out of an eggshell with the phrase “I  EASTER.” Item C is designed to represent a bunny holding an egg, which is inscribed “HAPPY EASTER.” Item D represents the likeness of a bunny holding an egg that is marked “EASTER WELCOME.”

In classifying the merchandise, we refer to the case of Midwest of Cannon Falls vs. U.S. 96-1271, -1279, where certain articles were determined by the court to fall within the scope of Heading 9505. Items traditionally used in celebration of, and for entertainment on, a given holiday may qualify as a festive article, provided certain requirements are met. Factors warranting consideration in making this determination include, among other things, the intended use of the product, relationship to a recognized holiday, basic physical characteristics and marketing of the merchandise.

In general, merchandise is classifiable as a festive article in heading 9505, HTSUS, when the article, as a whole:

1. Is not predominately of precious or semiprecious stones, precious metal or metal clad with precious metal;

2. Functions primarily as a decoration or functional item used in celebration of, and for entertainment on, a holiday; and

Is associated with or used on a particular holiday.

It is apparent that all the subject articles meet criteria one. However, only item’s B, C and D satisfy all three requirements for the festive provision. Item’s B, C and D, contain language pertinent to the holiday of Easter. In fact, the word “EASTER” is relayed in each message of these signs. In contrast, item A does not bear any identifiable symbol related to Easter, either in its message or design. It merely conveys the generic greeting of “WELCOME,” which may be displayed all year long. For these reasons, it is our opinion that item A does not qualify for the festive provision and must be classified elsewhere.

The applicable subheading for Item’s B, C & D, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty will be free.

The applicable subheading for Item A will be 4420.10.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for statuettes and other ornaments of wood. The duty rate will be 3.2 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 J. Wong at 212-637-7028.

Sincerely,

Robert B. Swierupski
Director,

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