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NY M80130

February 2, 2006

CLA-2-90:RR:NC:N1:105 M80130


TARIFF NO.: 9025.11.4000

Ms. Francine Marcoux
Hampton Direct Inc.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a Snowman Window Thermometer #50280 from Hong Kong

Dear Ms. Marcoux:

In your letter dated January 26, 2006, you requested a tariff classification ruling. No sample was submitted.

From the picture and the descriptive literature submitted of the snowman window thermometer, it has the following features:

“ Smiling snowman skis off a slippery slope and lands face first against your windowpane informing you of the temperature!

 Reads outside temperature in both Celsius and Fahrenheit!

 No tools needed; easily attaches to any window!

 Suction cups on each leg attach securely to window!

 Made of weather-resistant polyresin

 Measures approximately 7 3/8”l x 5 ½”w x 1 3/8”h (including suction cups)”

The applicable subheading for the thermometer will be 9025.11.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for thermometers and pyrometers, not combined with other instruments; liquid-filled, for direct reading, other than clinical. The general rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

In regard to the classification of the “Moose Carolers” Candle Holder, the issue of the scope of the term “festive articles” under 9505 is currently pending before the United States Court of International Trade in the matter of Waterford Wedgwood USA, Inc. V. United States, Ct Nos. 00-05-00215, 99-03-00133 and 99-11-00721. Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

Since the classification of this decorative candleholder, in light of the prohibition set out in 19 CFR 177.7(b), is closely related to the issue presently pending in the Court of International Trade, we are unable to issue a ruling letter to you with respect to this merchandise. Accordingly, we are administratively closing our file in regard to this non-electric lamp.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to Director, National Commodity Specialist Division, Bureau of Customs and Border Protection, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119.

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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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