The tariff classification of shelf sitters from China.

N144357 January 31, 2011 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Mr. Troy D. Crago-Edwards Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of shelf sitters from China. Dear Mr. Crago-Edwards: In your letter dated January, 21, 2011, you requested a tariff classification ruling. You submitted a photograph of a Christmas Shelf Sitter Decoration identified as item number A072AA09282, which consists of three designs of shelf sitters made of agglomerated stone with polyester fabric legs. The first design, “Santa”, depicts a Santa Claus dressed in a traditional red Santa hat with fur trim, a red coat with fur trim and a big buckled black belt, and black boots. The Santa Claus holds a gold bell in his left hand and a small evergreen tree decorated with ornaments, garland and a gold star tree topper in his right hand. The figure measures approximately 6-3/4” in height x 2-1/2” in width x 2-1/2” in thickness. The second design, “Snowman”, depicts a snowman dressed in a traditional red Santa hat with fur trim, a red coat with fur trim, and black boots. The snowman holds two wrapped presents in his left hand and a gold star in his right hand. The figure measures approximately 6-3/4” in height x 2-1/2” in width x 2-1/2” in thickness. The third design, “Reindeer”, depicts a deer dressed in a traditional red Santa hat with fur trim, a red coat with fur trim, and black boots. The deer holds a wrapped present in his left hand. The figure measures approximately 6-3/4” in height x 2-1/2” in width x 2-1/2” in thickness. All three figures are posed in a seated position for placement on a shelf. The articles will be marketed shortly before Christmas, specifically as decorations for Christmas, and will be removed from store shelves the day after Christmas. The applicable subheading for the Christmas Shelf Sitter Decoration (“Santa”, “Snowman” and “Reindeer”) 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