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NY H89481





April 1, 2002

CLA-2-95:RR:NC:SP: 225 H89481

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000; 6217.10.9530

David Buckley
Annalee Mobilitee Dolls Inc.
P.O. Box 708
50 Reservoir Road
Meredith, NH 03253-0708

RE: The tariff classification of Pins and Ornaments from China.

Dear Mr. Buckley:

In your letter dated March 15, 2002 you requested a classification ruling.

Item #170202, Leprechaun Head Pin, is the textile head of a Leprechaun with a red beard and black hat decorated with shamrocks. The item is worn as jewelry.

We are returning your request for a classification ruling on the Leprechaun Head Pin and any related samples, exhibits, etc., because we are precluded from issuing a ruling letter by the provisions of Section 177.7(b) of the Customs Regulations (19 C.F.R. 177.7(b)). As stated in Section 177.7(b), "No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.”

The issue of the classification of certain jewelry under 9505 is currently pending before the United States Court of International Trade (CIT) in the matter of Russ Berrie & Co. v. United States, Court No. 00-01-000018.

In light of the prohibition set out in 19 CFR 177.7(b), and as the instant classification ruling request is closely related to the issue presently pending in the CIT, we are unable to issue a classification ruling letter to you with respect to Style #170202. Accordingly, we are administratively closing our file. You may submit another request after the court has issued its decision in the Russ Berrie & Co. case.

Item # 982401, Spirit of America, is a 35% wool, 65% rayon felt pin in the shape of the sun. The screen-printed white face is surrounded by thee layers of halo in red, white and blue. Red white and blue ribbons at the bottom have the words “God Bless America”.

The applicable subheading for the Spirit of America Pin will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Of man-made fibers. The duty rate will be 14.8 percent ad valorem.

6217.10.9530 falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

Items 310702 – Scarecrow with Red Hat and 320902 – Scarecrow with Orange Hat are the faces of scarecrows. The items can be used as pins or as decorations.

We are returning your request for a classification ruling on Items 310702 and 320902 and any related samples, exhibits, etc., because we are precluded from issuing a ruling letter by the provisions of Section 177.7(b) of the Customs Regulations (19 C.F.R. 177.7(b)). As stated in Section 177.7(b), "No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.”

In Park B. Smith Ltd. v. United States, Court No. 96-02-00344, the United States Court of International Trade issued a decision on the scope of the term “festive articles.” The decision has been appealed (Court of Appeals No. 01-1578). Since the classification of items 310702 and 310902, which are the subject of this request for a ruling, may be affected by the case before the Court in Park B. Smith, supra, we are precluded from issuing a ruling on the item(s).

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling.

Item #324902, Old Hag, is a textile face of a witch. Item #324802, Pumpkin, is a textile Jack-0’-Lantern. Both items can be worn as pins or used as decorations.

The applicable subheading for Items 324902 and 324802 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 duty rate 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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