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NY H83519




August 16, 2001

CLA-2-95:RR:NC:2:222 H83519

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

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

RE: The tariff classification of a “Santa and Dasher” from China.

Dear Ms. Wierbicki:

In your letter dated July 16, 2001, you requested a tariff classification ruling, on behalf of Avon Products, Inc., your client.

You are requesting the tariff classification on an item that has been identified as “Santa and Dasher”, item PP#222506. The product is comprised of a stuffed, plush fabric Santa Claus figure riding a reindeer. The article measures about twelve inches tall, twelve inches long and six inches deep. The Santa Claus figure is three-dimensional and depicted dressed in the traditional red and white suit with black boots, black belt, sporting the over-sized beard and moustache and carrying a small sack of gifts and a candy cane. The three-dimensional “Dasher” reindeer figure is wearing a scarf in the traditional Christmas colors of a red and green plaid material. The article is programmed with sound and individual character movements by means of a battery-operated mechanism. The battery-operated mechanism of the item is activated by squeezing Santa’s left hand, thus causing the Santa and Dasher to speak, sing and move in unison. The characters speak and sing about the meaning of Christmas. The sample will be returned, as requested.

The applicable subheading for the “Santa and Dasher”, item PP#222506, 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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