CLA-2-83:OT:RR:NC:N1:121
Mr. Terrance O’Neill
Maersk Customs Services Inc.
680 Knox Street, Suite 200
Torrance, CA 90502
RE: The tariff classification of a decorative star from China
Dear Mr. O’Neill:
In your letter dated November 19, 2009, you requested a tariff classification ruling. The submitted sample will be returned to you.
The merchandise under consideration is described as a Blue Tinsel Star, item number E1514-04. It is a decorative article made of metal wire that is bent in the shape of five-point star and is covered with blue plastic tinsel. It measures approximately 12 inches high by 12 inches wide.
You have indicated that based on information derived from ruling NY 812896, the star should be classified in subheading 9505.90.4000, HTSUS, which provides for festive, carnival or other entertainment articles. This office finds that ruling NY 812896 is not applicable to the instant merchandise, which is a generic star that can serve any decorative purpose and is not limited in use to any specific holiday.
The applicable subheading for the Blue Tinsel Star will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bells, gongs and the like, nonelectric, of base metal…statuettes and other ornaments, and parts thereof, 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 Barbara Kaiser at (646) 733-3024.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division