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NY I81644

May 29, 2002

CLA-2-69:RR:NC:2:227 I81644


TARIFF NO.: 6913.90.5000; 9505.10.5020

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of decorative ceramic articles and Christmas note cards with envelopes from China.

Dear Ms. Aldinger:

In your letter dated May 9, 2002, you requested a tariff classification ruling.

The subject merchandise, based on the samples and information submitted, is referred to as the “Holiday Friendship Mug Gift Set,” that consists of a decorative ceramic (non-porcelain) mug depicting either a three-dimensional bear angel, snowman or Santa, as well as 18 corresponding Christmas note cards with envelopes.

The applicable subheading for the decorative ceramic mug will be 6913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles, other than of porcelain or china, other. The duty rate will be 6 percent ad valorem.

The applicable subheading for the decorative ceramic Santa mug will be 9505.10.5020, HTS, which provides for festive, carnival or other entertainment articlesarticles for Christmas festivitiesother, other. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the ceramic snowman mug. Your request for a classification ruling should include a sample of that mug. When this information is available, you may wish to consider resubmission of your request.

In regard to the Christmas note cards with envelopes, the issue of the scope of the term “festive articles” under 9505 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 currently unable to issue a classification ruling letter to you with respect to the Christmas note cards with envelopes. When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling on this item.

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 George Kalkines at 646-733-3028.


Robert B. Swierupski

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