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NY K80516

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November 20, 2003
CLA-2-95:RR:NC:SP:225 K80516

CATEGORY: CLASSIFICATION

Elsa Wong
G T Plus Limited
4/F Kowloon Centre
29-43 Ashley Road
Tsimshatsui, Hong Kong

Dear Ms. Wong:

This is in response to your letter of Nov. 1, 2003, requesting a classification ruling on St. Patrick’s Day Flower Pin, Style 625-4742, from China.

The item is a carnation. The white polyester petals are tinted green at the edges. They are held in place by a plastic plug that fits into a plastic stem. This plastic stem is attached to wire by dark green paper, which is wrapped around the plastic and wire. The stem is five inches long and bent up at the end. There is a pin attached to the stem so the flower can be worn. A bright green textile ribbon is tied to the stem. The flower is attached to a small paper card with a hole at the top for the flower to be displayed at retail on a rack. The card states: “ST. PATRICK’S DAY Collection Flower Pin.”

We are returning your request for a classification ruling on the St. Patrick’s Day Pin and any related samples, exhibits, etc., because we are precluded from issuing a ruling letter by the provisions of Section 177.7(b) of the Customs Regulations (19 C.F.R. 177.7(b)). As stated in Section 177.7(b), "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 Park B. Smith Ltd. v. United States, Court No. 96-02-00344, the United States Court of International Trade issued a decision on the scope of the term “festive articles.” The decision was appealed (Court of Appeals No. 01-1578). The case is on remand now to the CIT.

In Russ Berrie & Co. v. United States, Court No. 00-01-000018, the United States Court of International Trade issued a decision on the scope of the term “festive articles.” The decision has been appealed

Since the classification of the St. Patrick’s Day Flower Pin, which is the subject of this request for a ruling, may be affected by the case before the Court in Park B. Smith and Russ Berrie & Co., supra, we are precluded from issuing a ruling on the item(s).

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to Director, National Commodity Specialist Division, Bureau of Customs and Border Protection, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119.

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 J. Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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