CLA-2-95:OT:RR:NC:N4:425

Ms. Lynn Schab
Omni Global Sourcing Solutions, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of a Christmas ornament from China.

Dear Ms. Schab:

In your letter dated May 8, 2014, on behalf of Rite Aid Corporation, you requested a tariff classification ruling.

The submitted sample, identified as LED Glass Ornament, item number 9033258, is a glass sphere in the form of a red Christmas tree ball ornament with a glass circlet at the top with an attached hanging ribbon for hanging on a Christmas tree. The ornament features a battery powered LED light inside that is operated by a slide switch on the underside of the base. When activated, the LED light radiates a pattern of six alternating colors that illuminate six snowflake patterned evergreen trees that adorn the circumference of the ornament. You state that the LED Glass Ornament will be marketed and sold specifically for Christmas, and will also be imported in silver and gold colors.

Your sample will be returned as requested.

The applicable subheading for Rite Aid item number 9033258 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 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 [email protected].

Sincerely,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division