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July 30, 1999

CLA-2-95:RR:NC:SP:222 E84315

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500; 6812.00.4810

Mr. Anthony Prevosti
American Cargo Express
435 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of Christmas decorations from China.

Dear Mr. Prevosti:

In your letter dated June 29, 1999, on behalf of your client Jay Import Co, Inc., you requested a classification ruling.

You have submitted five samples of ceramic articles.

Item #13-0200 is a ceramic tray with four sections. In the background of each section is a painted picture. Each picture depicts a different character. (1) an angel holds a Christmas tree; (2) a teddy bear dressed in a sweater, scarf and Santa hat, (3) a snowman wearing a black hat and scarf with a candy cane in one hand and a broom in the other, (4) depicts Santa dressed in the traditional red and white suit, holding a candy cane in one hand and a sack of toys in the other.

Item #13-1462 is a ceramic cookie jar designed in the shape of Santa Claus. This 3-dimensional Santa is wearing the traditional red and white suit. He has a sack of toys in one hand and a candy cane in the other. His hat is decorated with holly leaves and berries.

Item #13-3905 consists of a ceramic set of salt and pepper shakers designed in the shape of Santa Claus. The salt and pepper shakers are 3-dimensional representation of Santa Claus. SantaÂ’s hat is decorated with holly leaves and berries.

Item #13-1465 is a ceramic candy dish with a handle. This is a 3-dimensional representation of the head of Santa Claus. The top of the head is open and SantaÂ’s hat is decorated with holly leaves and berries.

Item #13-1466 is a ceramic candy dish. It is designed with Santa dressed in the traditional red and white suit. He is holding a candy cane in one hand and a sack of toys in the other. This item is considered to be a 3-dimensional representation of Santa Claus.

The samples are returned as you requested.

The applicable subheading for items #13-1462, #13-3905, #13-1465 and #13-1466 will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides forÂarticles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other, other. The rate of duty will be free.

The applicable subheading for items #13-0200 will be 6912.00.4810, HTS, which provides for other ceramic tablewareÂother than of porcelain or china: other, suitable for food or drink contact. The rate of duty will be 9.8 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 Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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