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NY R03900




June 7, 2006

CLA-2-95:RR:NC:SP:225 R03900

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of Christmas fairy shelf sitter from China.

Dear Mr. Crago:

In your letter dated May 8, 2006, on behalf of Atico International USA, Inc., you requested a classification ruling.

You have submitted illustrations depicting four Christmas Fairy Shelf Sitters identified as assortment number W072AA07249. The faries are made of polyresin material. They measure 3” by 3” by 6.25” high. The wording on the fairy skirts are as follows: style A – Peace For All Who Enter Here, style B – Seasonal Greetings, C – Joy To The World and style D – May Love Be The Heart of This Home.

This ruling classification will apply only to styles B - Seasonal Greetings and style C – Joy To The World.

The applicable subheading for the Christmas Fairy Shelf Sitters identified as assortment numbers W07AA07249, styles B and C will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Festive...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Regarding the figurines marked with the phrases “peace to all who enter here” and “may love be the heart of this home,” we are unable to issue a ruling because we need additional information. Please submit the additional information indicated below.

Please submit samples of the figurines marked with the phrases “peace to all who enter here” and “may love be the heart of this home.”

The information submitted regarding the composition breakdown of these products is confusing. One of the components is referred to alternatively as “lime” and as “natural stone” or calcium carbonate. Lime is not a stone. Did you mean to indicate limestone? Please clarify. Is this material lime or a stone? If it is a stone, indicate the type of stone.

Please describe how the lime or stone is combined with the other materials in each figurine. Indicate the percentage by weight of each component in each figurine.

You stated that, “Stone powder is actually natural stone (lime) with an artificial process to powder and add additional chemical elements (in this case, calcium carbonate).” Please clarify this statement. What is the artificial process that combines the powder and the other ingredients? Does the powder consist of stone or lime?

Is the powder based on a synthetically produced material or a mineral material other than stone? If so, please explain. Calcium carbonate can be derived from natural stone, a synthetic chemical or a mineral other than stone. Please clarify the derivation of the calcium carbonate in this product.

When this information is available, you may wish to consider resubmission of your request regarding the figurines marked with the phrases “peace to all who enter here” and “may love be the heart of this home.” If you resubmit the request, please resubmit a copy of your original letter and attachments, along with the additional information and samples requested in this notice.

Please mail your request to Customs and Border Protection, One Penn Plaza, 10th Floor, Customs Information Exchange, New York, NY 10119, attention: Binding Rulings Section.

If you have questions regarding this notice, contact National Import Specialist Jacob Bunin at 646-733-3027.

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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