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NY C84651



April 28, 1998

CLA-2-95;CO:CH:D12 C84651

CATEGORY;: Classification

TARIFF NO.: 9505.10.25.00

Mr. Scott Rufer
Mastercargo Inc.
161-15 Rockaway Blvd.
Jamaica, New York 11434

RE: The tariff classification of a Christmas tree top angel.

Dear Mr. Rufer:

In your letter dated March 18, 1998, you requested a tariff classification for Christmas tree toppers made in China.

The request is made in behalf of your client, Puleo's Tree Co., 3638 Kennedy Road, South Plainfield, N.J. 07080.

The submitted sample is a 16" Angel Tree Top Deluxe; Style #104-PIL8PB36. UPU also state that there are similar styles which will be imported.

The angel is dressed in white and has wings which light up and change colors due to fibre optics. There is a plastic fitting in the bottom of the angel to enable her to be placed atop the Christmas tree. Also included is an AC adapter.

The merchandise will be cleared in various New York ports.

Your sample is being returned under separate cover.

The applicable subheading for the Christmas tree topper will be 9505.102500, Harmonized Tariff Schedule of the United States (HTS), which provides for "Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other:..Other......" The rate of duty will be free..

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,

Kevin Weeks
Port Director
Chicago, Illinois

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