The tariff classification of a “Disney Christmas Ornament” from China.

N182595 September 13, 2011 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.1000 Mr. Patrick Hennessy Bensussen Deutsch & Associates 15525 Woodinville Redmond RD NE Woodinville, WA 98072 RE: The tariff classification of a “Disney Christmas Ornament” from China. Dear Mr. Hennessy: In your letter dated August 19, 2011, you requested a tariff classification ruling. The submitted sample, “Disney Christmas Ornament” (no item number), is a glass ball that measures approximately 3” in diameter and cannot sit upright on a flat surface. The article has a gold metal crown with an attached gold metal loop for hanging. Around its entire circumference are painted characters, such as Mickey Mouse, Minnie Mouse, Dumbo, Goofy and Buzz Lightyear, among others, from Walt Disney Studio’s animated movies wearing Santa Claus hats or clothing decorated with holly leaves and holly berries. These figures are also depicted holding decorated wreaths and/or candy canes while surrounded by wrapped gifts. You state that the “Disney Christmas Ornament” is sold exclusively as a Christmas tree ornament and has no other use. Your sample is being returned as requested. The applicable subheading for the “Disney Christmas Ornament” will be 9505.10.1000, 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: Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Of glass." 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 the World Wide Web at http://www.usitc.gov/tata/hts/. Importations of this product might be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, tradename or copyright recorded with Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local Customs office prior to importation. 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