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April 8, 1999

CLA-2-95:RR:NC:SP:222 D89330

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000

Ms. Ginny Poyer
Atico International USA, Inc.
P. O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of Christmas decorations from China.

Dear Ms. Poyer:

In your letter dated March 15, 1999, you requested a tariff classification ruling.

You have submitted four samples of Christmas decorations.

Sample #1 is an electric candle lamp, item #W74C8709. It is composed of 50% brass, 25% plastic, 10% glass and 15% paper.

Sample #2 is a battery operated 10 light set. The light set is identified as item #W74C8727. It is composed of 45% plastic, 20% brass, 20% glass and 15% paper. This string of lights has a battery box that requires 2 “C” size batteries. The batteries are not included. The lights are designed for indoor use only.

Sample #3 is identified as item #W74C7203. This article is identified as battery operated candle lamps. It is composed of 50% brass, 25% plastic 10% glass and 15% paper.

Sample #4 is a battery operated figurine candle light. It is composed of 65% plastic, 15% paper, 10% brass and 10% glass. The figurines will include Santa, nutcracker soldier and snow man.

The samples are returned as you requested.

We are unable to render a classification on samples #1, #3 and #4 at this time. The issue of candle lamps and candle lights is currently before Customs Headquarters.

Under the circumstances it is suggested that you file protests for any entries that might be made prior to the Headquarters decision being rendered. Request further review of those protests, to receive consideration of your arguments.

If you decide to resubmit your request, please include all of the material that we have returned to you. If you have any questions regarding the above, contact National Import Specialist Alice Masterson at 212-637-7090.

The applicable subheading for sample #2, the battery operated 10 light set, will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings: other. The rate of duty will be 3.9 percent ad valorem.

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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,

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