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NY J82546




April 23, 2003

CLA-2-95:RR:NC:SP:225 J82546

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.1000

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Raymond, WA 98073-9700

RE: The tariff classification of a Christmas snow globe from China.

Dear Ms. Greener:

In your letter dated March 28, 2003, you requested a classification ruling.

The submitted sample is a snow globe identified as item number 062-0244. The glass snow globe is filled with distilled water and contains artificial snow flakes that move when the globe is shaken. Two small dog figurines are tugging at a Christmas stocking inside the globe. The globe sits on a wooden base and it will have the year 2003 stamped on the bottom.

Your letter of inquiry suggests that this article would be classified under HTS number 9505.10.5020. That subheading is used for the classification of functional items. The submitted sample is a decorative ornament, therefore, that subheading is not applicable.

The sample is returned as you requested.

The applicable subheading for the glass Christmas snow globe will be 9505.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Of glass. 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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