The classification of "NOEL" and "PEACE" Mosaic Tabletop Decorations from China.

N105436 May 24, 2010 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500; 6913.90.5000 Ms. Una Sidlik Barthco International, Division of OHL 2200 Broening Hwy, Suite 235 Baltimore, MD 21224 RE: The classification of “NOEL” and “PEACE” Mosaic Tabletop Decorations from China. Dear Ms. Sidlik: In your letter dated May 11, 2010, on behalf of CVS/Pharmacy, you requested a tariff classification ruling. You submitted samples of two designs of tabletop decorations identified as item #803870. The decorations are made of ceramic block letters that spell the words “NOEL” and “PEACE”, respectively. The front surface of each letter is decorated with cemented pieces of inlaid silver colored glass while the outer surface of the lettering has been coated with metal via electroplating. The “NOEL” tabletop decoration measures approximately 3-1/2” in height x 1-1/2” in width x 8-1/2” in length and the “PEACE” tabletop decoration measures approximately 3-1/2” in height x 1-1/2” in width x 9-1/2” in length. Although you state that both articles will be marketed and sold for the Christmas season, the generic word “PEACE” is not limited to only Christmas use and can be displayed as a decoration throughout the year. Therefore, the “PEACE” Mosaic Tabletop Decoration is not classifiable as a festive article. However, we concur that the word “NOEL”, which is an alternate word for Christmas derived from the French word “Noël ”, is closely associated with the Christmas holiday. Consequently, the “NOEL” Mosaic Tabletop Decoration is classifiable as a festive article. Your samples are being returned per your request. The applicable subheading for the “NOEL” Mosaic Tabletop Decoration 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. The applicable subheading for the “PEACE” Mosaic Tabletop Decoration will be 6913.90.5000, HTSUS, which provides for “Statuettes and other ornamental ceramic articles: Other: Other: Other." The rate of duty will be 6% ad valorem. 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