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NY K81189




November 28, 2003
CLA-2-95:RR:NC:SP:225 K81189

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. “Horn Christmas Ornament” identified as item number 1423/114C is a plastic gold horn decoration that measures approximately 4-1/2 inches in height and 5 inches across. The item has a loop attached on top and is intended as an ornament to be hung on a Christmas tree.

“Star Christmas Ornament” identified as item number 1440/114C is a plastic red and gold star with a green center that measures approximately 3-1/2 inches in height and 4 inches across from point to point. The item has a loop attached on top and is intended as an ornament to be hung on a Christmas tree.

“White Tree Christmas Ornament” identified as item number 3102/114C is a white plastic fir tree that measures approximately 3-1/2 inches in height and 4-1/2 inches across. The item has a loop attached on top and is intended as an ornament to be hung on a Christmas tree.

“Silver & Gold Tree Christmas Ornament” identified as item number 2101/114C is a silver plastic fir tree outlined in gold and decorated with gold “balls” that measures approximately 3-1/2 inches in height. The item has a loop attached on top and is intended as an ornament to be hung on a Christmas tree.

“Gold & White Dragonfly Christmas Ornament” identified as item number 2347/114C is a gold and white plastic dragonfly that measures approximately 3-1/2 inches in height and 4-1/2 inches across from wing to wing. The item has a loop attached on top and is intended as an ornament to be hung on a Christmas tree. The applicable subheading for “Horn Christmas Ornament” identified as item number 1423/114C, “Star Christmas Ornament” identified as item number 1440/114C, “White Tree Christmas Ornament” identified as item number 3102/114C, “Silver & Gold Tree Christmas Ornament” identified as item number 2101/114C, and “Gold & White Dragonfly Christmas Ornament” identified as item number 2347/114C 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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