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NY L84331




April 29, 2005

CLA-2-95:RR:NC:SP: 225 L84331

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Mr. Dennis Morse
BDP International, Inc.
2721 Walker Avenue, N.W.
Grand Rapids, MI 49504

RE: The tariff classification of Christmas decoration from China.

Dear Mr. Morse:

In your letter dated April 15, 2005, on behalf of your client Meijer Distribution you requested a classification ruling.

The submitted sample is identified as item number 920011, a Fiber Optic Wood Look Bear. This item is made of resin material. The bear stands 26 inches high and has a motor that rotates a plastic film to change the color of the lights. The bear is holding a fiber optic Christmas tree. This item will be marketed as an outdoor Christmas lawn decoration.

The sample is returned as you requested.

The applicable subheading for the fiber optic wood look bear 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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