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NY J81489




March 6, 2003

CLA-2-95:RR:NC:SP:225 J81489

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.5020; 6307.90.9889

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of character door stoppers from China.

Dear Ms. Liu:

In your letter dated February 17, 2003, you requested a classification ruling.

You have submitted two samples and a photograph depicting three character door stoppers identified as item number C72A0277. The three dimensional character door stoppers are composed of textile materials. They are designed to resemble Santa, a snowman and a moose. The door stopper characters are stuffed and weighted to remain in a sitting position. These articles are made to fit along the bottom of the door to prevent drafts. Only Santa will be classified as a festive article in Chapter 95. The samples are returned as you requested.

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 item number C72A0277, snowman character door stopper.

The applicable subheading for item number C72A0277, Santa door stopper will be 9505.10.5020, 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.

The applicable subheading for item number C72A0277, the character moose door stopper will be 6307.90.9889, HTS, which provides for other made-up textile articles, other. The rate of duty will be 7 percent ad valorem.

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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