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NY C89231


July 2, 1998

CLA-2-95:RR:NC:SP:222 C89231

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Shelia Andrews

Dillard Department Stores, Inc.

11701 Otter Creek Road South

Mabelvale, AR 72103

RE: The tariff classification of an angel Christmas tree topper from China.

Dear Ms. Andrews:

In your letter dated June 10, 1998, you requested a tariff classification ruling.

You have submitted a sample that is identified as style #827TT104HD. It is a 24 inch high angel with feather wings that extend below the waist. Smaller crocheted wings are also attached to the back of the upper body. The head and hands of the angel are composed of porcelain. The angel is dressed in a mauve/white brocade inner dress and a lace outer skirt. The dress is decorated with lace on the upper front portion. This angel holds a bouquet of artificial flowers, with a ribbon bow and a string of artificial pearls. The angel is supported by a circular plastic cone-shaped body.

The cone shaped body of the angel makes it capable of both tree top and table top use. You state in your letter that the angel will be sold in your Trim-A-Tree Department, which is open only for the holiday season. It will be put on clearance after the holidays.

The sample is returned as requested.

The applicable subheading for the angel, style #827TT104HD, will be 9505.10.2500, 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 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,


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