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NY I83813





July 11, 2002

CLA-2-95:RR:NC:2:222 I83813

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of “Fiber Optic Snowman”, # PP 245271, from China.

Dear Ms. Wierbicki:

In your letter dated June 24, 2002, you requested a tariff classification ruling, on behalf of Avon Products, Inc., your client.

You are requesting the tariff classification on the following merchandise: “Fiber Optic Snowman”, # PP 245271. The Christmas holiday decoration depicting a snowman is a standing figure that measures approximately 16 inches in height with a maximum diameter of 6.5 inches. The article is made with a molded plastic base that is covered with man-made textile flocking. The snowman is dressed in a vest, scarf, mittens and a Santa style cap, all in predominantly red and green, traditional Christmas colors. The snowman figure is holding a wreath that incorporates holly berries and a big red bow. The ornament runs on an AC adapter that when activated illuminates the fiber optic lights positioned throughout the figure. The “Fiber Optic Snowman” will be classified in Chapter 95 of the HTSUSA as a Christmas ornament. The sample will be returned, as requested.

The applicable subheading for the “Fiber Optic Snowman”, # PP 245271, will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Festive, carnival or other entertainment articlesparts and accessories thereof: 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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