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NY L82597




March 4, 2005

CLA-2-95:RR:NC:SP: 225 L82597

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Mr. Charles S. Parisi
Parisi Services, Inc.
P. O. Box 91217
Los Angeles, CA 90009

RE: The tariff classification of a Santa & Pals water fountain from China.

Dear Mr. Parisi:

In your letter dated February 4, 2005, on behalf of your client Homebrite Corporation, you requested a classification ruling.

The submitted sample is identified as Santa & Pals, model number 30258. This product is a 13-inch high water fountain. The water fountain is designed with Santa standing at the top of the steps. He is dressed in his traditional red and white suit and hat. One of the reindeer is standing with Santa. A holly bush with red berries and another reindeer are near the fountain. The top of the holly bush is covered with snow. The base of the water fountain is layered with snow and Santa’s bag of toys is sitting nearby. The water fountain set includes one UL listed AC adapter with a submersible pump. The water fountain is designed for use as a Christmas decoration during the holiday season.

The applicable subheading for the Santa & Pals water fountain 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.

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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