The tariff classification of a Christmas ornament from China.

N281137 December 6, 2016 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Brandi Long Pan Asian Creations Limited Unit 713, 7F, Tower 1 Harbour Centre 1 Hok Cheung St., Hunghom, Hong Kong, China RE: The tariff classification of a Christmas ornament from China. Dear Ms. Long: In your letter dated November 7, 2016, you requested a tariff classification ruling. You submitted a photograph and detailed description of item number 7252-11616, Heritage Glass Container with LED Illuminated Christmas Scene. The battery powered light up decoration consists of a wintry Christmas church scene inside a glass jar, which depicts a church framed by decorated Christmas trees. When activated, the item is illuminated by LED lighting. This item is only marketed and sold for the Christmas holiday. The applicable subheading for item 7252-11616 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 https://hts.usitc.gov/current. We are returning your request for a ruling on item numbers 7252-04412, 7252-04415 and 7252-10417, Ceramic Jars with Cut-Out Christmas Designs and LED Illuminated Candles and any related samples, exhibits, etc. Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, § 177.7(b) reads, in pertinent part: No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal therefrom. As such, CBP will not issue a classification ruling with regard to your merchandise at this time. The classification determination may be impacted by a court case currently pending in the Court of International Trade. See Gerson Co. v. U.S., Ct. No. 11-00225. If you wish, you may resubmit your request for a prospective ruling after the appropriate court case has been resolved. 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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division