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NY J87370




July 23, 2003

CLA-2-95:RR:NC:SP:225 J87370

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of Christmas tree ornaments from China.

Dear Ms. Santos:

In your letter dated July 11, 2003, you requested a classification ruling.

The submitted samples are identified as “Merry Magnets”, assortment number 245743. The samples consist of five different styles of stuffed characters. There is a Santa Claus, a snowman, a reindeer, a penguin and a bear. The characters are three-dimensional figures with a string attached to the top for the purpose of hanging the ornaments on a Christmas tree. They also have a tiny magnet in the head portion. The magnet is completely covered with the textile fabric.

Your letter of inquiry states that these items may be used as magnets, package tie-ons or Christmas tree ornaments. They are packaged in sets of three on a blister card designed in the shape of a Christ tree. In our opinion, the string attached to the top of each character indicates that these articles would be used primarily as Christmas tree ornaments

The sample is returned as you requested.

The applicable subheading for the Christmas tree ornaments 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 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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