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NY K81188




November 28, 2003
CLA-2-95:RR:NC:SP:225 K81188

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Mr. Orlando Rodriguez
P.R. Retail Stores, Inc.
D/B/A Almacenes Pitusa
P.O. Box 839, Hato Rey Station
San Juan, PR 00919-0839

RE: The tariff classification of Christmas ornaments from China.

Dear Mr. Rodriguez:

In your letter dated November 3, 2003, you requested a tariff classification ruling.

You submitted photographs of five Christmas ornaments. “Snowfrost Christmas Ornament” identified as item number 3184/114C is white plastic snowfrost that measures approximately 8-1/2 inches in height. The item has a loop attached on top and is intended as an ornament to be hung on a Christmas tree. It will be packaged in a plastic bag with a hangtag marked “Holiday Decorations.”

“Gingerbread Christmas Ornament” identified as item number 1625/114C is a brown plastic gingerbread figure that measures approximately 4 inches in height and 4-1/2 inches across from hand to outstretched hand. The item has a loop attached on top and is intended as an ornament to be hung on a Christmas tree. It will be packaged in a plastic bag with a hangtag marked “Holiday Decorations.”

“Heart Gingerbread Christmas Ornament” identified as item number 2153/114C is a plastic gingerbread hear that measures approximately 3 inches in height and 4 inches across. The heart is decorated with a red bow and has a loop attached on top and is intended as an ornament to be hung on a Christmas tree. It will be packaged in a plastic bag with a hangtag marked “Holiday Decorations.”

“Candy Christmas Ornament” identified as item number 2168/114C is red, white, and green spiral plastic “candy” that measures approximately 7 inches in height and 2 inches in width. The item has a loop attached on top and is intended as an ornament to be hung on a Christmas tree. It will be packaged in a plastic bag with a hangtag marked “Holiday Decorations.”

“Dancing Angel Christmas Ornament” identified as item number 2058/114C is a clear plastic angel posed as if she’s dancing that measures approximately 6 inches in height. The angel has a loop attached on top and is intended as an ornament to be hung on a Christmas tree. It will be packaged in a plastic bag with a hangtag marked “Holiday Decorations.”

The applicable subheading for “Snowfrost Christmas Ornament” identified as item number 3184/114C, “Gingerbread Christmas Ornament” identified as item number 1625/114C, “Heart Gingerbread Christmas Ornament” identified as item number 2153/114C, “Candy Christmas Ornament” identified as item number 2168/114C, and “Dancing Angel Christmas Ornament” identified as item number 2058/114C will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: 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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