The tariff classification of Godiva 2009 Easter Pick from China

N036024 September 17, 2008 CLA-2-58:OT:RR:NC:TA:350 CATEGORY: Classification TARIFF NO.: 5808.90.0010 Traci Manuel Virgo III Ltd. 766 Knox Court Yardley, PA 19067 RE: The tariff classification of Godiva 2009 Easter Pick from China Dear Ms. Manuel: In your letter received in this office on August 20, 2008, you requested a tariff classification ruling. A sample of the Godiva 2009 Easter Pick, along with the cost and weight breakdown, was provided to this office. The item is a series of approximately 26 small pompons that are skewered on short copper wires. These copper wires and pompons are then arranged in a starburst pattern and affixed to a plastic disc with a metal pin attached. You have indicated that this Easter Pick will be attached to boxes of candy as a decoration. You have not indicated what fibers were used in the pompons. For purposes of this letter we will assume the fibers are either cotton or man-made fibers, or a combination of these two fibers. The applicable subheading for the Easter Pick will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “…ornamental trimmings in the piece, without embroidery…tassels, pompons and similar articles: …of cotton; of man-made fibers.” The rate of duty will be 3.9 percent ad valorem. The Godiva 2009 Easter Pick falls within textile category 229. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. 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 Deborah Walsh at (646) 733-3044. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division