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NY H86790




January 24, 2002

CLA-2-95:RR:NC:SP:225 H86790

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Linda Pearson
Seasonal Specialties
11455 Valley View Road
Eden Prairie, MN 55344

RE: The tariff classification of a firecracker lamp and a Chinese lantern from China

Dear Ms. Pearson:

In your letter dated December 20, 2001, received in this office December 27, 2001, you requested a tariff classification ruling.

Item T30115, firecracker lamp, is produced for 4th of July sales. The foot-long EVA cylinder is painted in a red and white spiral pattern with a paper strip at the top giving the appearance of a fuse. A separate cord with a 5-7 watt bulb in a plastic socket with an on/off switch is inserted into the metal fitting and held in place with a metal clip. A metal spiral base is attached with a metal fitting to the EVA firecracker.

Classification of the subject merchandise rests on its apparent satisfaction of the guidelines set for festive articles. In general, merchandise is classifiable in heading 9505, HTSUSA, as a festive article when the article, as a whole:
is not predominately of precious or semiprecious stones, precious metal or metal clad with precious metal;
functions primarily as a decoration or functional item used in celebration of and for entertainment in the home on a holiday;
is associated with or used on a particular holiday

The firecracker is a symbol associate with the 4th of July. The instant product satisfies the three criteria above. Your sample is being retained for training purposes.

The applicable subheading for T30115 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles, : Other: Other. The rate of duty will be free.

Item 77816, Chinese lantern, is the traditional accordion style, covered in fabric. The lantern is spherical in shape with a wire framework and a metal holder that is inserted from the top to bottom to hold the lantern open. A separate cord with a 5-7 watt bulb in a plastic socket with an on/off switch is inserted into the metal fitting and held in place with a metal clip. Chinese lanterns are specifically mentioned in the Explanatory Notes to Heading 9505. Your sample is being retained for training purposes.

The applicable subheading for Item 77816 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles, : 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 J. Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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