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NY C80865




November 21, 1997

CLA-2-95:RR:NC:SP:222 C80865

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.3000

Mr. Myron Paul Barlow
Miller & Company
4929 Main Street
Kansas City, MO 64112

RE: The tariff classification of a nativity scene from China.

Dear Mr. Barlow:

In your letter dated October 15, 1997, received in this office on October 20, 1997, on behalf of your client, House of Lloyd, Inc., you requested a tariff classification ruling.

The submitted sample is identified as item #2006, A Night In Bethlehem Musical. It measures 10" wide by 6" deep by 7" in height. The words "Silent Night" are inscribed on the lower front portion of the product. This is a nativity scene depicting Mary, Joseph, Baby Jesus, the three Wise Men and some animals. There is an arch shaped plastic design with the town of Bethlehem in the back of the nativity scene.

The product is designed to be placed on a mantle or tabletop. It has an off-on switch on the bottom along with a battery cavity that holds two "AA" size batteries. The nativity scene is sound activated, with a sensor located in the base of the item. When the switch is in the on position, the clapping of your hands loudly near the base of the item will activate the singing of "Silent Night", followed by Bible verses in the background.

The applicable subheading for the nativity scene will be 9505.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive...articles for Christmas festivities and parts and accessories thereof: Nativity scenes and figures thereof. 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 Masterson at 212-466-5892.

Sincerely,

Robert B. Swierupski
Director,

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