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NY I81640

May 31, 2002

CLA-2-95:RR:NC:TA:351 I81640


TARIFF NO.: 9505.10.2500

Ms. Jenny Davenport
Wal-Mart Stores, Inc.
Mail Stop #0410-L-32
601 N. Walton
Bentonville, Ark. 72716-0410

RE: The tariff classification of door draft stoppers from China.

Dear Ms. Davenport:

In your letter dated May 10, 2002 you requested a tariff classification ruling. The samples are being returned as requested.

The samples submitted are four door draft stoppers, style number Z07-2X464. The door drafts are tubular in shape with the center designed as a whimsical snowman, moose, bear, or Santa. They are designed to fit along the bottom of the closed door to prevent drafts. They are made of man-made textile fabric and stuffed with polyester filling material and sand. They measure approximately 36 inches in length.

The applicable subheading for the Santa” door draft stopper will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The duty rate will be free.

The issue of the scope of the term “festive articles” under heading 9505, HTS, is currently pending before the United States Court of Appeals for the Federal Circuit in the matter of Park B. Smith Ltd. V. United States, Court of Appeals No. 01-1578 (cross appeal #01-1586). Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

In light of the prohibition set out in 19 CFR 177.7(b), and as the instant classification ruling request is closely related to the issue presently pending in the Court of Appeals, we are unable to issue a classification ruling letter to you with respect to style number Z07-2X464 (a snowman, a moose and a bear). Accordingly, we are administratively closing our file.

When all litigation has been concluded on the referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to Director, National Commodity Specialist Division, U.S. Customs Service, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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