CBP Ruling D89994 — The tariff classification of Christmas windsocks from China.

Tariff classification

Headings: 9505

Product description

You have submitted three samples of Christmas windsocks. The first sample, item #90102, is described on the packaging as a three dimensional “Holiday Angel.” This windsock measures approximately 4-feet 7-inches long, is made of nylon, and has gold stars on the streamers. The angel holds a candle in her hand, and has a gold encrusted poinsettia on the end of her skirt. The angel’s body, skirt, and wings are stuffed to give the angel its three dimensional image. The second sample, item #45283, is described on the packaging as a three dimensional “Santa Pooh.” This windsock measures approximately 4-feet 7-inches long, is made of nylon, and has snowflakes on the streamers. Winnie the Pooh is wearing a Santa Claus hat with holly on the brim and he’s holding a large padded candy cane. The “Santa Pooh” is stuffed to give it its three dimensional image. The third sample, item #49834, is described on the packaging as a three dimensional “Santa Taz.” This windsock measures approximately 4-feet 7-inches long, is made of nylon, and has Christmas wreaths on the streamers. The windsock depicts the head of the Looney Tunes character “Taz” wearing a Santa hat. The head and the tassel of the Santa hat are both stuffed to give it its three dimensional image. All three windsocks have a ridged ring at the top which holds the windsock open to catch the air. Nylon string is attached to the ring and there is a metal hoop attached for hanging. Your letter states that these windsocks will “only be sold by retailers during the Christmas season,” and that it is recognized in the industry that “Christmas windsocks are traditionally used and sold only during the Christmas season.” Your samples are being returned upon your request.

CBP rationale

a large padded candy cane. The “Santa Pooh” is stuffed to give it its three dimensional image. The third sample, item #49834, is described on the packaging as a three dimensional “Santa Taz.” This windsock measures approximately 4-feet 7-inches long, is made of nylon, and has Christmas wreaths on the streamers. The windsock depicts the head of the Looney Tunes character “Taz” wearing a Santa hat. The head and the tassel of the Santa hat are both stuffed to give it its three dimensional image. All three windsocks have a ridged ring at the top which holds the windsock open to catch the air. Nylon string is attached to the ring and there is a metal hoop attached for hanging. Your letter states that these windsocks will “only be sold by retailers during the Christmas season,” and that it is recognized in the industry that “Christmas windsocks are traditionally used and sold only during the Christmas season.” Your samples are being returned upon your request. The applicable subheading for the Christmas windsocks 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.

Full text

NY D89994 April 19, 1999 CLA-2-95:RR:NC:SP:222 D89994 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Mary E. Keller A.W. Fenton Company Inc. 1452 Donaldson Road Erlanger, Kentucky 41018-1025 RE: The tariff classification of Christmas windsocks from China. Dear Ms. Keller: In your letter dated March 22, 1999, you requested a tariff classification ruling on behalf of your customer, New Creative Enterprise, Inc. You have submitted three samples of Christmas windsocks. The first sample, item #90102, is described on the packaging as a three dimensional “Holiday Angel.” This windsock measures approximately 4-feet 7-inches long, is made of nylon, and has gold stars on the streamers. The angel holds a candle in her hand, and has a gold encrusted poinsettia on the end of her skirt. The angel’s body, skirt, and wings are stuffed to give the angel its three dimensional image. The second sample, item #45283, is described on the packaging as a three dimensional “Santa Pooh.” This windsock measures approximately 4-feet 7-inches long, is made of nylon, and has snowflakes on the streamers. Winnie the Pooh is wearing a Santa Claus hat with holly on the brim and he’s holding a large padded candy cane. The “Santa Pooh” is stuffed to give it its three dimensional image. The third sample, item #49834, is described on the packaging as a three dimensional “Santa Taz.” This windsock measures approximately 4-feet 7-inches long, is made of nylon, and has Christmas wreaths on the streamers. The windsock depicts the head of the Looney Tunes character “Taz” wearing a Santa hat. The head and the tassel of the Santa hat are both stuffed to give it its three dimensional image. All three windsocks have a ridged ring at the top which holds the windsock open to catch the air. Nylon string is attached to the ring and there is a metal hoop attached for hanging. Your letter states that these windsocks will “only be sold by retailers during the Christmas season,” and that it is recognized in the industry that “Christmas windsocks are traditionally used and sold only during the Christmas season.” Your samples are being returned upon your request. The applicable subheading for the Christmas windsocks 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 Masterson at 212-637-7090. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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