United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2002 NY Rulings > NY H89598 - NY H89647 > NY H89620

Previous Ruling Next Ruling
NY H89620





March 26, 2002

CLA-2-95:RR:NC:SP:225 H89620

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Jenny Davenport
Wal*Mart Stores, Inc.
Mail Stop #0410 – L - 32
601 N. Walton
Bentonville, AR 72716-0410

RE: The tariff classification of an assortment of Goodie Grabbers from China.

Dear Ms. Davenport:

This is in response to your letter of March 14, 2002, requesting a classification ruling on an assortment of functional Goodie Grabbers (Styles #25165 and #25056, Scooby Doo Goodie Grabber, Style #25528, Goodie Grabber With Flashlight And Sound, Styles #GG-089, GF-088, GB-085, and GD-087, Trick Or Treat Loot Scoop Shaped Like Sports Balls) from China.

The issue of the scope of the term “festive articles” under 9505 is currently pending before the United States Court of Appeals for the Federal Circuit in the matter of Park B. Smith Ltd. V. United States, Court of Appeals No. 01-1578 (cross appeal # 01-1586). Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

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 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 Court of Appeals, we are unable to issue a classification ruling letter to you with respect to your assortment of Goodie Grabbers (Styles #25165 and #25056, Scooby Doo Goodie Grabber, Style #25528, Goodie Grabber With Flashlight And Sound, Styles #GG-089, GF-088, GB-085, and GD-087, Trick Or Treat Loot Scoop Shaped Like Sports Balls). Accordingly, we are administratively closing our file.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to Director, National Commodity Specialist Division, U.S. Customs Service, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119.

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,

Previous Ruling Next Ruling

See also: