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NY K85430




May 18, 2004
CLA-2-95:RR:NC:SP:225 K85430

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500; 6307.90.9889

Ms. Wendy Lawson
Sears Roebuck and Company
3333 Beverly Road, D5-256B
Hoffman Estates, IL 60179

RE: The tariff classification of a Christmas decoration and other textile articles from China.

Dear Ms. Lawson:

In your letter dated April 6, 2004, you requested a classification ruling.

You have submitted photocopies depicting three styles of fiber optic snowman decorations.

Stock number 90706 is a fiber optic snowman family tabletop decoration. The family includes father, mother and a child on a plastic base. This design consists of an artificial green tree and artificial green wreaths that are not decorated. The snowman family figures are made of textile fabric. They are wearing hats, earmuffs and scarves that are made of textile fabric. The snowman family has fiber optic lighting in their hats and by their buttons. This decoration is 16” tall and it includes a 12-volt adapter.

Stock number 90709 is a fiber optic snowman tabletop decoration that measures 13” tall. This snowman is made of plastic and he is wearing a cape, scarf and top hat made of textile fabric. He is holding a broom in one hand and a “NOEL” sign in the other. This decoration is designed with fiber optic lighting throughout the item. A 12-volt adapter is included. The word “NOEL” is an accepted symbol dedicated to Christmas festivities.

Stock number 90708 is a fiber optic snowman assortment. This assortment includes a snowboy and a snowgirl that will be sold separately. Both styles are made of textile fabric with fiber optic lighting throughout the item. Both styles are designed with legs. They measure 18.5” tall in a standing position. The boy is holding a bucket of snowballs and a small snowbaby in one hand and a “Let It Snow” sign and another small snowbaby in the other. He is wearing a Santa hat with a sprig of holly leaves and berries on the cuff. The girl is wearing a striped cap with a sprig of holly leaves and berries on the cuff. She is wearing a plaid skirt with a decorated Christmas tree button on the front of her blouse and snowman slippers. She is holding a fiber optic evergreen sprig. Both styles include a 6-volt adapter. Although holly berries are a recognized symbol of Christmas, there is not enough to restrict the use of this product to Christmas.

The applicable subheading for stock number 90709 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.

The applicable subheading for stock numbers 90706 and 90708, 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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