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NY D81302




September 4, 1998

CLA-2-95:RR:NC:SP:225 D81302

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Lauren E. Hong
The Disney Store, Inc.
101 North Brand Blvd., Suite 1000
Glendale, CA 91203-2671

RE: The tariff classification of a Halloween decoration from China

Dear Ms. Hong:

In your letter dated August 12, 1998 you requested a tariff classification ruling.

You have submitted descriptive literature for the "Pooh Halloween Tree with Mini Ornaments." The tree is made of wood, resin and metal. It will be packaged and sold with 18 miniature ornaments depicting the figures of "Pooh," "Piglet," pumpkins and candy corn. The tree's branches are bare, to accomodate the ornaments, and it sits on a base that is decorated with the words "Happy Halloween". The tree and ornaments are considered a set whose essential character is imparted by the tree. In this instance, the tree is specifically dedicated for use at Halloween due to the printed phrase "Happy Halloween" at its base. There-fore, the entire set is classifiable as a festive article.

The applicable subheading for the "Pooh Halloween Tree with Mini Ornaments" will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. 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 J. Wong at 212-466-5538.

Sincerely,

Robert B. Swierupski
Director,

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