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NY H87229




January 30, 2002

CLA-2-70:RR:NC:2:226 H87229

CATEGORY: CLASSIFICATION

TARIFF NO.: 7018.90.5000, 9505.90.6000

Ms. Kathy Seamands
Global Village Glass Studios
600 N.W. 40th Street
Seattle, WA 98107

RE: The tariff classification of glass beaded articles and glass festive articles from China

Dear Ms. Seamands:

In your letter dated January 15, 2002, you requested a tariff classification ruling regarding three articles. Representative samples were submitted with your ruling request.

Item number 800 – Beaded Rose, is a glass beaded flower. It is composed of small glass beads that are strung on thin wire.

Item number 288 – Water Harlequin Tassel, is a small glass ornament attached to a glass- beaded tassel. A gold-colored string is attached to the top for the purpose of hanging the ornament. In your presentation, you suggest that this item be regarded as an article for Christmas festivities and parts and accessories thereof: Christmas ornaments: of glass under 9505.10.1000, Harmonized Tariff Schedule of the United States (HTS). The ornament is not an accepted symbol of Christmas and is not limited in its use to being a Christmas ornament. The article can be used as a year round decoration. Therefore, subheading 9505.10.1000, HTS, does not apply.

The applicable subheading for the two glass beaded articles (item 800 and item 288) will be 7018.90.5000, HTS, which provides for glass beads...and articles thereof other than imitation jewelry...other: other. The rate of duty will be 6.6 percent ad valorem.

Items 184 -Trick-or Treater, 190 - Jack-o’-Lantern and 181 - Halloween Ornaments are glass decorations of appropriate Halloween motif. They are marketed as decorations for Halloween festivities. 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

Jack-o’-Lanterns, witches, skeletons, bats and ghosts are symbols associate with Halloween. The instant products satisfy the three criteria above.

The applicable subheading for Items 184 - Trick-or Treater, 190 - Jack-o’-Lantern and 181 - Halloween Ornaments will be 9505.90.6000, 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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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