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NY K84882

April 2, 2004
CLA-2-95:RR:NC:SP:225 K84882


TARIFF NO. 9505.10.2500

Ms. Wendy Lawson
Sears Roebuck and Company
3333Beverly Road, D5-256B
Hoffman Estates, IL 60179

RE: The tariff classification of Christmas decorations from China.

Dear Ms. Lawson:

In your letter dated March 26, 2004, you requested a classification ruling.

You have submitted a photograph depicting four styles of Coca-Cola Holiday Twinklers identified as assortment number 94715. The fiber optic plush Christmas decorations have a built in battery compartment and a pigtail light. The pigtail light will plug into a miniature series light string for partial illumination of the twinkler. All styles measure 12” x 8” x 5”. They are designed with a string and a suction cup that allows the Coca-Cola Holiday Twinklers to hang. All styles have the words “Coca-Cola” on them.

The Polar Bear is wearing a red and white Santa hat, green vest and red bow tie. The Santa hat rim and vest are decorated with a sprig of holly leaves and berries. The Santa hat rim, pom pom ball and vest contain fiber optic lighting.

The Brown Bear is wearing a red and white Santa hat and jacket. He is holding a red and white striped candy cane and a fiber optic toy sack.

The Snowman is wearing a black top hat with a red band, a green scarf and earmuffs. He is holding a fiber optic Christmas stocking.

Santa is dressed in the traditional red and white hat and vest. The rim of Santa’s hat is fiber optic and he is holding a fiber optic case of Coca-Cola.

The applicable subheading for the Coca-Cola Holiday Twinklers, assortment number 94715, 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.


Robert B. Swierupski

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