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NY H87621




February 21, 2002

CLA-2-95:RR:NC:SP:222 H87621

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.3000

Ms. Andrea Miller
Costco Wholesale
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of a Christmas Creche from China.

Dear Ms. Miller:

In your letter dated February 4, 2002, you requested a classification ruling.

You have submitted a sample that is identified as Christmas Creche. The Christmas Creche is designed to hold a nativity scene. The base is made of crushed pieces of cork, the small well and small pots are made of paper pulp. The wall is made of paper pulp, burlap and bark. The small bags are made of burlap and stuffed with cotton. The log bundles and ladder are made of pine wood and the roof is made of natural bark and moss. Your letter of inquiry states that these items will be fumigated according to USDA laws and regulations. You further state that the Christmas Creche will be sold only a few months before Christmas and it will not be sold after December 24th.

The applicable subheading for the Christmas Creche will be 9505.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: Nativity scenes and figures thereof . 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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