The tariff classification of an ornament assortment from China.

N071299 August 13, 2009 CLA-2-95:OT:RR:NC:4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Heather Mooney QVC, Inc. 1200 Wilson Drive West Chester, PA 19380-4262 RE: The tariff classification of an ornament assortment from China. Dear Ms. Mooney: In your letter dated August 4, 2009, you requested a tariff classification ruling. You submitted samples of a Magic Scene Ornament identified as item #H18484, which is an assortment of three ornaments that each measure approximately 6” in height, along with accompanying metal stands that measure approximately 1-1/4” in height x 4” in diameter. These ornaments are battery-activated (batteries not included) via an on-off switch and play 25 different Christmas carols, such as “Silent Night”, “O Christmas Tree”, and “We Wish You A Merry Christmas”, as each ornament’s animated scene “comes to life.” The first style, “Train”, consists of a green, silver, blue, red and gold round plastic ornament with window-like sides. When activated, one of the window-like sides is illuminated and reveals a multi-colored train riding along tracks that circle a red, green and gold train station. In the background are several decorated evergreen trees. The second style, “Snowman”, consists of a blue, green, gold and red square ornament with window-like sides. When activated, one of the window-like sides is illuminated and reveals several animated snowmen skating on a pond in front of decorated evergreen trees. The third style, (“Church/Sleigh”), consists of a silver and gold bell-shaped ornament with window-like sides. When activated, one of the window-like sides is illuminated and reveals two animated horse-driven sleighs prancing around a house with a snow-covered roof. In the background are four decorated evergreen trees. Each ornament is designed purely as a decoration for the Christmas holiday, and will be packaged in a white cardboard box. Your samples are being returned as requested. The applicable subheading for the Magic Scene Ornament (“Train”, “Snowman” and (“Church/Sleigh”) identified as item #H18484 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/. Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on "For Business" and then on "Textile, Wool, Fur"). 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