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NY K86401




June 14, 2004
CLA-2-94:RR:NC:1:108 K86401

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Cheryl Santos
CVS/pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of electric light display sculptures from China.

Dear Ms. Santos:

In your letter dated May 20, 2004, you requested a tariff classification ruling. Samples are being returned as requested.

The submitted samples, referred to as the “Twinkling Holographic Sculpture Light Sets,” are electric light display sculptures (item number W73B8701), measuring approximately 16 to 18 inches high, in the following designs: Santa on Chimney, Snowman, and Snowflake. Each of these light sculptures consists of a metal (non-brass) frame that is shaped in the above specific design. This merchandise also has an electric light set with 70 miniature light bulbs combining blinking and steady lights (multicolored for the Santa and Snowman but clear for the Snowflake). The light bulbs of each set are positioned to face outward from the front of the frame and are incorporated with a form-fitting multicolored plastic sheet (in the design of Santa and Snowman) and a white -rimmed silver-colored plastic sheet (in the design of a Snowflake), all possessing an iridescent kaleidoscopic-like motif and securely affixed to the metal frame. The multicolored light bulbs are also situated in a manner to match the specific colored section of the plastic sheets. Each of these light display sculptures has two top metal loops for hanging.

The applicable subheading for the electric light display sculpture in the Santa on Chimney design will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articlesarticles for Christmas festivities and parts and accessories thereof: Christmas ornaments: other: other. The duty rate will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the electric light display sculptures in the snowman and snowflake designs. Your request for a classification ruling should include a complete breakdown of all the material components by weight and value for each light sculpture. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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