The tariff classification of a "Snow-Blowing Decoration" (item #A073AA00670), from China

N024114 March 6, 2008 CLA-2-95:OT:RR:NC:N2:225 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Mr. Troy Crago Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of a “Snow-Blowing Decoration” (item #A073AA00670), from China Dear Mr. Crago: In your letter dated February 27, 2008, you requested a tariff classification ruling. You submitted a sample of the “Snow-Blowing Decoration”, which is being returned upon your request. The “Snow-Blowing Decoration” (item #A073AA00670) measures approximately 7” in height x 4” in diameter. The item is mostly comprised of a polystyrene base and a clear ABS dome which sits atop the base. The circular base is dark blue with decorative snowflakes and also features a rim of snow where the plastic globe and base are connected. The plastic globe on top features two snowmen embracing in front of a lamppost decorated with holly leaves and holly berries. One snowman is wearing a Santa hat and a matching red fur-trimmed suit. The globe is also filled with styrofoam snow. The item is operated by three double “A” batteries, which are included, and is turned on by pushing the “Try Me! Push Here” button located on the side or by turning the on/off switch to “on”, located at the bottom. Once turned “on”, the item starts to randomly play eight traditionally recognized Christmas tunes (“Silent Night”, “Joy To The World”, “We Wish You A Merry Christmas”, etc.) in a continuous musical loop. Simultaneously, a fan is activated in the plastic globe blowing the styrofoam snow around the snow couple. The “Snow-Blowing Decoration” will be used to decorate the home during the Christmas holiday to help create a festive atmosphere. The applicable subheading for the “Snow-Blowing Decoration” (item #A073AA00670) will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; 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/. 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 Wayne Kessler at 646-733-3026. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division