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NY H80772





June 5, 2001

CLA-2-94:RR:NC:2:227 H80772

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.40.8000; 9505.90.6000

Ms. Linda C. Pearson
Seasonal Specialties
11455 Valley View Rd.
Eden Prairie, MN 55344

RE: The tariff classification of a lighted festive article and other electric lights from China.

Dear Ms. Pearson:

In your letter dated May 16, 2001, you requested a tariff classification ruling.

The subject merchandise consists of the following articles:
a lighted Halloween wreath of lacquered grapevine (style number 79334 – sample enclosed), measuring approximately 17 inches across its breadth, that features an electrical light set of 50 miniature purple-colored light bulbs affixed around its body. There is also a wooden sign indicating BOO that is affixed across the opening of its midsection.
a lighted wreath of natural grapevine (style number 79935 – sample enclosed), measuring approximately 17 inches across its breadth, with the attachment of several two-dimensional pumpkin-shaped figures of orange-coated grapevine around its body. There is an electrical light set of 50 miniature orange-colored light bulbs affixed around the body of the wreath, in addition to a wooden sign indicating WELCOME across the opening of its midsection.
a plastic sphere-shaped light (item number 71280 – sample enclosed) that measures about 6 inches in diameter. Its exterior incorporates 100 sockets with miniature purple-colored light bulbs and plastic sunburst reflectors fitted around the base of the bulbs but not covering them. This lighted sphere is affixed to an electrical light cord for hanging purposes.
an electrical light set for indoor/outdoor use, item number 70662, that features an electrical wire harness with 60 sockets. These sockets are fitted with LED lights that are covered with flat transparent orange-colored plastic jack-o’-lanterns.
an electrical light set for indoor/outdoor use, item number 73625, that features an electrical wire harness with 25 sockets fitted with purple-colored globe-shaped light bulbs.

It is stated that these light sets are packaged for and sold only during the Halloween season. Although this merchandise is only sold during the above season, all the above articles, excepting item number 79334, are not considered to be festive for tariff purposes.

The applicable subheading for the lighted Halloween wreath, item number 79334, 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.

The applicable subheading for the electric lights, style numbers 79935, 71280, 70662 and 73625, will be 9405.40.8000, HTS, which provides for other electric lamps and lighting fittings of other than base metal. The rate of duty will be 3.9 percent ad valorem.

The importation of this merchandise, with reference to the wreaths composed of grapevine, may be subject to regulations administered by the U.S. Department of Agriculture (USDA). Inquiries may be directed to that agency at the following location:

USDA
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737
Tel. (301) 734-8645 or (301) 734-8896

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,
National Commodity

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