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NY J81418




March 11, 2003

CLA-2-95:RR:NC:SP:225 J81418

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.1000

Ms. Kellee Johnson
Midwest
32057 64th Avenue
Cannon Falls, MN 55009

RE: The tariff classification of Christmas decorations from China.

Dear Ms. Johnson:

In your letter dated February 20, 2003, you requested a classification ruling.

You have submitted artwork depicting mercury glass gazing ball ornaments on wrought iron stands. These outdoor Christmas decorations are identified as project number 75898C04W1, gazing ball ornament on three stands of different heights. Project number 75897C04W1 is a gazing ball ornament on a 40” stand and project number 76034C04W3 is known as a gazing ball planter stand. The tops of the stands are fashioned to hold the Christmas ball. The glass Christmas balls are made in the shape of Christmas tree ornaments with metal hanging cups. The essential character of the gazing ball with wrought iron stands is imparted by the glass balls made in the shape of glass Christmas tree decorations.

We are unable to issue a binding ruling on project number 76034C0W3, the gazing ball planter stand. Please resubmit your request with a sample and marketing literature depicting how this article is advertised, bought and sold, and we will be happy to respond to your request.

The applicable subheading for the glass Christmas gazing ball with wrought iron stands (excluding project number 76034C0W3), will be 9505.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Of glass. 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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