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The classification of a gingerbread man assortment from China.
Issued April 26, 2010 by U.S. Customs and Border Protection.
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Copies to clipboardN1 N102557 (April 26, 2010)
Tariff classification
HTS codes: 9505.10.2500
Headings: 9505
Product description
You submitted samples of two designs of a Christmas Gingerbread Man Decoration, identified as item number A072AA08412, which are made of polyester and measure approximately 9” in height x 5” across x 2-3/8” in thickness. The first design, “Santa”, depicts a gingerbread man attired in a traditional Santa Claus textile hat and a red and white textile scarf. In his right hand, the figure holds a candy cane that is decorated with a red textile ribbon. A red jingle bell hangs down from a red textile ribbon that is attached to a round opening in the center of the gingerbread man. The second design, “Chef”, depicts a gingerbread man attired in a white textile chef hat and a red and white textile scarf. In his right hand the figure holds a lollipop with a red and white swirl design and decorated with a red textile ribbon. A red jingle bell hangs down from a red textile ribbon that is attached to a round opening in the center of the gingerbread man. Both gingerbread men are affixed in a standing position to a red, rectangular wooden base that allows stable placement on a flat surface. Both designs of the Christmas Gingerbread Man Decoration serve no functional purpose, but are designed exclusively as decorations for the Christmas holiday.
CBP rationale
The applicable subheading for both the “Santa” and “Chef” designs of the Christmas Gingerbread Man Decoration identified as item number A072AA08412 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.
Full text
N102557 April 26, 2010 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Mr. Troy Crago-Edwards Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The classification of a gingerbread man assortment from China. Dear Mr. Crago-Edwards: In your letter dated April 19, 2010, you requested a tariff classification ruling. You submitted samples of two designs of a Christmas Gingerbread Man Decoration, identified as item number A072AA08412, which are made of polyester and measure approximately 9” in height x 5” across x 2-3/8” in thickness. The first design, “Santa”, depicts a gingerbread man attired in a traditional Santa Claus textile hat and a red and white textile scarf. In his right hand, the figure holds a candy cane that is decorated with a red textile ribbon. A red jingle bell hangs down from a red textile ribbon that is attached to a round opening in the center of the gingerbread man. The second design, “Chef”, depicts a gingerbread man attired in a white textile chef hat and a red and white textile scarf. In his right hand the figure holds a lollipop with a red and white swirl design and decorated with a red textile ribbon. A red jingle bell hangs down from a red textile ribbon that is attached to a round opening in the center of the gingerbread man. Both gingerbread men are affixed in a standing position to a red, rectangular wooden base that allows stable placement on a flat surface. Both designs of the Christmas Gingerbread Man Decoration serve no functional purpose, but are designed exclusively as decorations for the Christmas holiday. The applicable subheading for both the “Santa” and “Chef” designs of the Christmas Gingerbread Man Decoration identified as item number A072AA08412 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
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