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NY I88596




November 27, 2002

CLA-2-95:RR:NC:SP:225 I88596

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Lucia Buckman
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of porcelain night lights from China.

Dear Ms. Buckman:

In your letter dated November 21, 2002, you requested a tariff classification ruling.

You submitted the following samples:

Style A, Festive Porcelain Bear W/Festive Designs Nightlight, consists of a decorative porcelain bear that measures approximately 8 inches in height and 4 inches in diameter at its circular base. The bear is dressed in blue coveralls with a red hat with a blue bird perched on top. The bear carries a decorated fir tree in his red gloved right hand and a decorated wreath in his red gloved left hand with a red bird perched on top. The bear also has a decorated fir tree attached to his back leg, and heart-shaped and star-shaped cut-outs in his hat and on the front and back of his coveralls. Inside the bear is a light module that, when plugged in, emits light through the cutouts.

Style B, Festive Porcelain Snowman W/Festive Designs Nightlight, consists of a decorative porcelain snowman that measures approximately 8 inches in height and 4 inches in diameter at its circular base. The snowman is dressed in a brown hat with a brown scarf and features a decorated fir tree on his stomach. A twig-like left arm has a star attached at the hand and the twig-like right arm has two stars and a moon attached at the hand. Snowflake-shaped cutouts and star-shaped cutouts are located on the front and back of the snowman. Inside the snowman is a light module that, when plugged in, emits light through the cutouts.

Style C, Festive Porcelain Angel W/Festive Designs Nightlight, consists of a decorative porcelain angel that measures approximately 8 inches in height and 4 inches in diameter at its circular base. The angel features a pair of metal wings and has a dove perched on her clasped hands. She is dressed in a blue robe that flares out funnel-like at it reaches the base, with the words “love/peace” and holly berries around the bottom hem. The robe also has star-shaped and heart-shaped cutouts on the front and back. Inside the angel is a light module that, when plugged in, emits light through the cutouts.

Style D, Festive Porcelain Santa W/Festive Designs Nightlight, consists of a decorative porcelain Santa Claus that measures approximately 8 inches in height and 4 inches in diameter at its circular base. The Santa is dressed in a blue and red robe with star-shaped and snowflake-shaped cutouts on the front and back with a blue hood with a snowflake-shaped cutout. The Santa holds a cane-shaped walking stick in his left hand decorated with holly leaves and holly berries with a gold star at its end. He also carries a sack full of toys slung over his left shoulder with a blue bird perched on top and a birdhouse in his left hand. Inside the Santa is a light module that, when plugged in, emits light through the cutouts.

The applicable subheading for Style A, Festive Porcelain Bear W/Festive Designs Nightlight, Style B, Festive Porcelain Snowman W/Festive Designs Nightlight, Style C, Festive Porcelain Angel W/Festive Designs Nightlight, and Style D, Festive Porcelain Santa W/Festive Designs Nightlight, 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.

Your samples are being returned as requested.

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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