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NY A88080




October 15, 1996

CLA-2-69:RR:NC:2: 227 A88080

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.10.5000; 9502.10.0020; 9505.10.5020

Ms. Susan Varoff
Archer Freight Systems, Inc.
P.O. Box 460067
San Antonio, TX 78246-0067

RE: The tariff classification of ornamental ceramic figurines, dolls and festive articles from China.

Dear Ms. Varoff:

In your letter dated September 17, 1996, on behalf of Builders Square, Inc., you requested a tariff classification ruling.

The samples submitted consist of the following articles:
a) the "Homespun Button Santa's Wreath" (item number 4221008), measuring approximately 13 inches in diameter, which is imported in 4 assorted designs and composed of vine wreaths decorated with such items as some artificial greenery, buttons, wooden hearts, stars and craft straw. There is a doll, affixed to each wreath, that is made with a wooden head, soft body, and arms and legs of buttons, noting each doll is holding a basket;
b) the "5 Piece Porcelain Lighted Train Set," item number 4221529, which consists of five 8 inch porcelain train cars, each with a different Christmas scene on top (noting 4 of the cars feature Santa figures), and a bottom aperture for the insertion of a UL bulb to light up the car and the festive scene. There is also a 6 foot electrical cord, possessing 5 UL bulbs, with an on/off switch mechanism;
c) the "Jade Porcelain Lighted Angels," item numbers 4221511 and 4221503, which consist of angel figurines measuring about 10 1/2 inches high. It is noted that each possess a bottom aperture to insert a bulb affixed to a 6 foot electrical cord with an on/off switch mechanism. It is stated that one of the angels will be holding a harp, while the other will hold a dove;
d) the "Porcelain Lighted Angel," item number 4221495, which consists of an angel figurine measuring 10.5 inches high. It possesses a bottom aperture that is designed for the insertion of a bulb affixed to a 6 foot UL cord with an on/off switch mechanism.

It is stated that this merchandise should be classified under subheading 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles for Christmas festivities.

However, in regard to the Santa's wreath, item number 4221008, it has been determined that this item is a composite good with the essential character being imparted by the doll figure, thereby precluding consideration of classification as a festive article. Moreover, with respect to the lighted porcelain angels, item numbers 4221511, 4221503 and 4221495, it has been found that angel figurines are of a class or kind of merchandise that are used all year round and are not uniquely so associated with Christmas and, therefore, classification under subheading 9505.10.5020 is precluded.

The applicable subheading for the "Homespun Button Santa's Wreath," item number 4221008, will be 9502.10.0020, HTS, which provides for dolls representing only human beings: whether or not dressed: not over 33 cm in height. The rate of duty will be free.

The applicable subheading for the "5 Piece Porcelain Lighted Train Set," item number 4221529, will be 9505.10.2000, HTS, which provides for other articles for Christmas festivities. The rate of duty will be free.

The appropriate subheading for the lighted porcelain angels, item numbers 4221511, 4221503 and 4221495, will be 6913.10.5000, HTS, which provides for other ornamental ceramic articles of porcelain. 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 letter 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 George Kalkines at 212-466-5794.

Sincerely,

Roger J. Silvestri
Director,

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