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NY 811335




June 23, 1995

CLA-2-63:S:N:N6:349 811335

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000

Ms. Lynn O'Beirn
Four Star International Trading Company
3330 East 79th Street
Cleveland, Ohio 44127

RE: The tariff classification of a spider on a web wallhanging from China.

Dear Ms. O'Beirn:

In your letter dated June 5, 1995 you requested a classification ruling.

The submitted sample is a spider on a web wallhanging. The octagon shaped wallhanging is made up of a polyester braid. The braid is attached to a wire base frame. In the center there is a spider made of styrofoam and pipecleaners. There is a loop made out of the braid material used to hang the item to the wall.

In your letter, you inquire as to whether or not this is a festive article and duty free. Although bearing a Halloween theme it is Customs position that we do not classify an article as festive based on "motif". The decoration on this item is not akin to those listed in Explanatory Note 95.05(A)(4) or 95.05

The applicable subheading for the wallhanging will be 6304.93.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 10.5 percent ad valorem.

The wallhanging falls within textile category designation 666. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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