CLA-2-95:RR:NC:SP:222 B88110

Mr. Donald R. Roth
Rothchild's Expressions in Glass, Inc.
P. O. Box 131
East Hampton, CT 06424

RE: The tariff classification of Christmas articles and a candleholder of stained glass from Mexico.

Dear Mr. Roth:

In your letter dated August 1, 1997, you requested a tariff classification ruling.

You have submitted three samples. Each of the three samples is made with stained glass, wire, and lead cane. All of the samples have an electroplating finish. The first sample is a Nativity Scene, part number X-SNS. This three-dimensional item depicts all of the major characters and elements of the nativity. The second sample is a Santa Claus Christmas ornament, part number XM-SC. The Christmas ornament is designed with the face of Santa Clause wearing his red hat. A loop is attached to the top of the ornament for the purpose of hanging the ornament on a Christmas tree.

The third sample is a Holly Candleholder, part number F-HCH. It is designed to appear as holly leaves with a ring in the center to hold a candle.

The applicable subheading for the Nativity Scene will be 9505.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive...articles for Christmas festivities and parts and accessories thereof: Nativity scenes and figures thereof. The rate of duty will be free.

The applicable subheading for the Santa Claus Christmas ornament will be 9505.10.1000, HTS, which provides for festive...articles for Christmas festivities and parts and accessories there: Christmas ornaments: of glass. The rate of duty will be free.

The applicable subheading for the Holly Candleholder will be 9405.50.4000, HTS, which provides for lamps and lighting fittings...and parts thereof not elsewhere specified or included: non-electrical lamps and lighting fittings: other: other. The rate of duty will be 6.6 percent ad valorem.

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 Alice Masterson at 212-466-5892.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division