The tariff classification of a Battery Operated Flocked Pinecone and Berry Teardrop With Timer from China.

N121806 September 15, 2010 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Leslie Grillo QVC, Inc. 1200 Wilson Drive West Chester, PA 19380 RE: The tariff classification of a Battery Operated Flocked Pinecone and Berry Teardrop With Timer from China. Dear Ms. Grillo: In your letter dated August 16, 2010, and received on September 3, 2010, you requested a tariff classification ruling. You submitted a sample and descriptive information regarding a Battery Operated Flocked Pinecone and Berry Teardrop With Timer identified as item number H167278. The article is a retail-ready swag in the shape of a teardrop that measures approximately 24” in height by 12” at its widest width. The swag is made of green artificial pine needles that have been glued to bound wire “branches” to form the teardrop shape. The majority of these pine needles have been flocked with faux snow. Accenting the swag are glued pinecones flocked with faux snow, glued red berries and 20 light emitting diode mini bulbs available in clear or multi-color. These mini bulbs are controlled by a timer that is attached to the back of the swag (batteries not included). The swag has a wire hanging loop on top for hanging on a door. The Battery Operated Flocked Pinecone and Berry Teardrop With Timer is a complete article recognized in the trade as a teardrop swag whose majority of foliage is provided by the artificial pine needles. It is marketed and sold purely as a decorative swag for the Christmas season. The applicable subheading for the Battery Operated Flocked Pinecone and Berry Teardrop With Timer identified as item number H167278 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