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NY I83814




July 11, 2002

CLA-2-95:RR:NC:2:222 I83814

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 Gazebo”, # PP239337, 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 merchandise that is described as a battery operated Christmas decoration in the form of a snow covered, old fashioned style Band Stand gazebo. The gazebo measures 9 inches high with a 6-inch diameter, and is constructed of plastic with fiber optic lights positioned throughout the gazebo. The focal point of the item is a prominently displayed depiction of a Christmas tree inside the gazebo. The Christmas tree figure incorporates fiber optic branches and a star tree-topper that includes a light bulb. A switch at the back of the product activates the lights scattered throughout the gazebo’s exterior, as well as in the fake snow and in the Christmas tree. The proper classification for the merchandise is in Chapter 95 of the HTSUSA as other Christmas ornaments. The sample will be returned, as requested by your office.

The applicable subheading for the “Fiber Optic Gazebo”, # PP239337, 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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