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NY H81738




June 20, 2001

CLA-2-95:RR:NC:SP:222 H81738

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Mr. Bill Ramia, Jr.
Alexander International
Memphis International Airport
P. O. Box 30209
Memphis, TN 38130

RE: The tariff classification of Christmas decoration from China.

Dear Mr. Ramia:

In your letter dated June 1, 2001, on behalf of your client Van Yeung Limited, you requested a tariff classification ruling.

The have submitted four samples that are composed of calcium carbonate and polyester resin materials. The first sample is identified as item #33110002 is a white Christmas tree with snow on the branches. The second sample, item #000588A is a snowman candle snuffer. It is designed with a three-dimensional snowman as the candle snuffer and the handle has a three-dimensional Christmas tree with a star on the top. The third sample is identified as item #001206 is a figurine in the formed in the likeness of a child that has dropped his basket of apples. The fourth sample is identified as item #33110222. It a figurine designed as a pig lying on its side with a jovial appearance.

The applicable subheading for item #000588A, the snowman candle snuffer, 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 ornament: other, other. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on three of the submitted samples. Items number 33110002 – the white Christmas tree, number 001206 – the child figurine and number 33110222 – the figurine of a pig lying on its side. Your request for a classification ruling on these three items should include a response to the following:

For each item, please indicate whether the calcium carbonate is derived from natural stone, a mineral source other than stone or a synthetic chemical. Is the mineral or stone uniformly blended with the plastic resin throughout the body of the article?

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Jacob Bunin at 212-637-7074.

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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