The tariff classification of decorative wall hangings from China.

N076335 September 23, 2009 CLA-2-95:OT:RR:NC:4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Mr. Darren Yokopenic HSN 1 HSN Drive St. Petersburg, FL 33729 RE: The tariff classification of decorative wall hangings from China. Dear Mr. Yokopenic: In your letter dated September 1, 2009, you requested a tariff classification ruling. The subject merchandise consists of three woven textile wall hangings that measure approximately 36” in width x 26” in length. Each back of the wall hanging has a “pouch” with a hook and loop closure where a battery-operated three-way switch is located, which can activate fiber optics embedded in the wall hanging’s motif and/or Christmas music. The back top of each wall hanging has a sewn strip with an opening at each end that serves as a rod pocket for insertion of a hanging pole, which can be affixed to mounting brackets. The first wall hanging is identified as the “Thomas Kinkade Fiber Optic Holiday Gathering Wall Hanging” (no item #). The motif depicts a nighttime suburban winter scene of people gathering at a snow-covered house surrounded by a snow-covered evergreen tree, bushes, cars and roads. When the attached battery-operated switch is turned to the “on” position, the embedded fiber optics start blinking, simulating Christmas lights, which illuminate the windows of the houses and the bushes. The evergreen tree is also illuminated in blinking lights and simulates a decorated Christmas tree. As the fiber optics change color, the lighting effect is accompanied by the music of the Christmas song, “We Wish You a Merry Christmas.” The second wall hanging is identified as the “Thomas Kinkade Fiber Optic Hometown Christmas Wall Hanging” (no item #). The motif depicts a twilight suburban winter scene of a street with lampposts decorated with wreaths and rows of houses on opposite sides of the street that have evergreen trees in front. When the attached battery-operated switch is turned to the “on” position, the embedded fiber optics illuminate the windows of the houses and the lamppost wreaths. The evergreen tree is also illuminated in blinking lights and simulates a decorated Christmas tree. As the fiber optics change color, the lighting effect is accompanied by the music of the Christmas song, “We Wish You a Merry Christmas.” The third wall hanging is identified as the “Winter Lane Fiber Optic Playful Bears Wall Hanging” (no item #). The motif depicts three bears in a forest decorating an evergreen tree with lights. Two of the bears are lying on the ground with a line of Christmas lights in their paws while the third bear is standing on its hind legs and attaching the lights to the tree. Surrounding the bears are other evergreen trees. When the attached battery-operated switch is turned to the “on” position, the embedded fiber optics illuminate the evergreen trees in blinking colors, simulating Christmas tree lights on decorated Christmas trees. As the fiber optics change color, the lighting effect is accompanied by the music of the Christmas song, “White Christmas.” The wall hangings serve no utilitarian purpose. They are purely decorative articles intended to decorate the home for the Christmas holiday. Your samples are being returned as requested. The applicable subheading for the “Thomas Kinkade Fiber Optic Holiday Gathering Wall Hanging” (no item #), the “Thomas Kinkade Fiber Optic Hometown Christmas Wall Hanging” (no item #) and the “Winter Lane Fiber Optic Playful Bears Wall Hanging” (no item #) 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