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NY A85248



July 26, 1996

CLA-2-95:RR:NC:TP:343 A85248

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.5020; 6304.92.0000

Mr. John H. Qualey
Rogers & Brown Int'l Freight Forwarders
P. O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of Christmas decorations from China.

Dear Mr. Qualey:

In your letter dated June 25, 1996, on behalf of your client Norman Perry, Inc. you requested a tariff classification ruling.

You have submitted three samples of Christmas decorations. The items are: a Christmas Tree Advent calendar, a "Merry Christmas" reindeer wall hanger and a "HO Ho Ho" Santa face wall hanger. All three samples are made of woven cotton fabric.

The Christmas Tree Advent calendar is composed of woven cotton fabric. The colors are: red, white, green and brown. The front upper portion is designed with a green Christmas tree. Several woven Christmas items such as a bell, a Christmas stocking, a candy cane, rocking horse, dove, drum, etc. are attached to the tree with a Velcro patch. There is a gold star on top of the tree. The lower front portion of the calendar has white embroidered numbers on each pocket from one to twenty-four. The pockets are used to hold an item from the tree each day. The backside of the calendar is covered with bleached cotton woven fabric. There are three loops of red woven fabric over a wooden bar at the top of the calendar. A woven gold metallic string is tied to the wood bar for the purpose of hanging the calendar.

The "Merry Christmas" reindeer wall hanger is composed of 100 percent woven cotton fabric. The fabric covers cardboard that has been cut to size and helps to retain the shape of the item. This wall decoration consists of a reindeer head on a wreath, with the words "Merry Christmas" in red and white letters. On each end of the letters, there are green holly leaves and red berries. The wall decoration is glued to a wood bar on the backside that has been covered with woven cotton fabric. A woven gold metallic string is attached to the wood bar for the purpose of hanging the textile decoration on a wall.

The "Ho Ho Ho" Santa face wall decoration is made of 100 percent woven cotton fabric. The Santa face has a white mustache with a white beard and white hair. Santa holds three candy canes tied with red ribbons in his hands. In between the words "Ho Ho Ho", there is an exclamation point of woven fabric and red ribbon joining the decoration together. There is a ribbon loop at the top of the Santa's head for the purpose of hanging on a wall.

The applicable subheading for the Christmas Tree Advent Calendar and the "Ho Ho Ho" Santa face wall hanger, will be 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for festive...articles for Christmas festivities and parts and accessories thereof: other, other, other. The rate of duty will be free.

The applicable subheading for the "Merry Christmas" reindeer wall hanger will be 6304.92.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404, other: knitted or crocheted, of cotton. The rate of duty will be 7 percent ad valorem.

The "Merry Christmas" reindeer wall hanger falls within textile category designation 369. 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. 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 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 Masterson at 212-466-5892.

Sincerely,

Roger J. Silvestri
Director

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