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NY K87977

July 30, 2004
CLA-2-95:RR:NC:SP:225 K87977


TARIFF NO. 9505.10.2500

Mr. Edward Seale
65000 E. Hwy. 26
Cedar Ridge #98
Welches, OR 97067

RE: The tariff classification of Christmas ornament from China.

Dear Mr. Seale:

In your letter dated July 20, 2004, you requested a classification ruling.

You have submitted literature depicting photos and descriptions of six ornaments named as follows: #1 Polar Bears, #2 Cool Characters, #3 A Mice Touch, #4 Bear Hugs, #5 Santa Forever and #6 Polar Pals - Local Club Exclusive. Although you indicate that all six of the items are Christmas ornaments, this ruling will apply only to #5 Santa Forever. This ornament will be classified in Chapter 95 as a festive article for the Christmas holiday season. The ornaments are advertised as collectable which could also be hung on the tree.

The applicable subheading for Christmas ornament #5 Santa Forever, 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.

Please provide breakdown of component materials for the following ornaments: items #1 Polar Bears, #2, Cool Characters, #3 A Mice Touch, #4 Bear Hugs and #6 Polar Pals - Local Club Exclusive. If the ornaments are composed of polyresin material, please submit the additional information indicated below:

Is the “polyresin” material pure polyresin plastics or a combination of plastics and another material?

If it is a combination of plastics and another material, are the two materials uniformly blended or agglomerated throughout the body of the article? Please provide the precise geological and/or chemical name of the material agglomerated with the plastics resin. Please indicate the percentage by weight of the plastics and the percentage by weight of the other material.

Please describe the manner in which the material agglomerated with the plastics is produced or derived. Is this material (e.g., calcium carbonate) derived from natural stone, a mineral source other than stone or a synthetic chemical?

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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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