The classification of Christmas decorations from China.

N213921 May 3, 2012 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Alice Liu Atico International, Inc. P.O. Box 14368 Ft. Lauderdale, FL 33302 RE: The classification of Christmas decorations from China. Dear Ms. Liu: In your letter dated April 5, 2012, you requested a tariff classification ruling. The submitted sample, Charlie Brown and Peanuts Design Christmas Plastic LED Music Table Decoration, identified as item number A072CA01390, consists of a plastic table decoration designed to resemble a television set with a “rabbit ears” antenna on top and a clear plastic television screen in front. When the “viewer” looks through the screen, they will see agglomerated stone figures from the syndicated Peanuts comic strip (Charlie Brown, Lucy, Linus, Snoopy and Sally) posed in snow around an evergreen tree decorated with simulated tinsel, ornaments and a gold star tree topper. When a slide switch located on the bottom of the television set is moved to the “on” position, music plays and the figures are bathed in red, green and blue light. Knobs attached to the front of the television set allow the user to adjust the volume. The decoration is powered by three “AAA” batteries, which are not included. You state in your ruling request that you also will be importing a similar decoration, with the same item number, “Rudolph”, and have provided a photograph of this design. This article looks and functions exactly the same as the Charlie Brown decoration described above, except when the viewer looks through the television screen they see an agglomerated stone figure of Rudolph the Red Nosed Reindeer posed in the snow instead of Peanuts characters. Additionally, when the slide switch is moved to the “on” position, the article plays the song “Rudolph the Red Nosed Reindeer.” Both the Charlie Brown and Peanuts Design and the Rudolph Design Christmas Plastic LED Music Table Decoration are purely decorative articles marketed and sold exclusively for Christmas. Your sample is being returned upon your request. The applicable subheading for the Charlie Brown and Peanuts Design and the Rudolph Design Christmas Plastic LED Music Table Decoration, identified as item number A072CA01390, 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, Thomas J. Russo Director National Commodity Specialist Division