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NY H87613




February 20, 2002

CLA-2-95:RR:NC:SP:222 H87613

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Andrea Miller
Costco Wholesale
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of a Santa figure from China.

Dear Ms. Miller:

In your letter dated February 4, 2002, you requested a classification ruling.

The submitted sample is identified as a shelf sitting Santa. Your letter states that this Santa will be available in two styles. One Santa is holding a Jester and the other Santa is playing a violin. Santa’s clothes are made of polyester, lurex and spandex fabric. Santa is not dressed in his traditional red and white suit with his matching hat. You also state that both styles of the Santa figures will be sold only in the first few months before Christmas and will not be sold after December 24th.

The sample is returned as you requested.

The applicable subheading for the shelf sitting Santa 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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