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NY K88064




July 30, 2004
CLA-2-95:RR:NC:SP:225 K88064

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of lighted Christmas tree from China.

Dear Mr. Stinson:

In your letter dated July 12, 2004, you requested a classification ruling.

The submitted sample is identified as item number 937748, XHD Christmas tree. The Christmas tree is made of spun acrylic and measures approximately 7” by 7” by 11” high. The edges of the branches are painted red. The base of the Christmas tree incorporates a battery compartment that holds three “AA” size batteries. There is an on/off switch located near the battery compartment box. When the switch is pushed to the on position, the base of the tree is illuminated with a continuous fade in and out lighting effect. The lighting effect gives the appearance of a decorated Christmas tree.

The sample is returned as you requested.

The applicable subheading for the lighted, Christmas tree will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. 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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