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NY F85960




May 9, 2000

CLA-2-95:RR:NC:SP:222 F85960

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Barbara Y. Wierbicki
Tompkins & Davidson
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a Christmas ornament from China.

Dear Ms. Wierbicki:

In your letter dated April 13, 2000, on behalf of your client Avon Products, Inc., you requested a tariff classification ruling.

The submitted sample is identified as item #PP-201288. It is a Wire Angel Ornament. The Christmas tree hanging ornament is made of wire, depicting an angel carrying a gift. The ornament features a faux pearl and a heart-shaped simulated birthstone. This ornament measures approximately 5-1/4 inches high by 4 inches at the widest point. The ornament has an approximately 8 inch long decorative hanging loop ribbon.

You state that at this time you have no catalogue pages, brochures or marketing literature showing this item sold as a Christmas tree ornament. Presumably, the importer can show at the time of entry that the angel is being sold as a Christmas tree ornament. If so, classification will be in Chapter 95 as a festive article.

The sample is returned as you requested.

The applicable subheading for the hanging Wire Angel Ornament 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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