CLA-2-95:OT:RR:NC:N2:225

Mr. Chris Peterson
Freight Savers Shipping Co. Ltd.
48 South Franklin Turnpike
Ramsey, NJ 07446

RE: The tariff classification of a “Christmas- Style Snow Globe Scene”, item # 11630, from China

Dear Mr. Peterson:

In your letter dated September 30, 2008, on behalf of Dave and Buster’s, Inc., you requested a tariff classification ruling.

The “Christmas- Style Snow Globe Scene” measures approximately 18.6 cm in height and consists of a Christmas display scene that features a large Christmas tree with a gold star tree topper with a Santa Claus, a snowman and a reindeer surrounding the Christmas tree. The display is enclosed in plastic which is clear on the front and back side, and attached to a plastic base which houses an electric snow-blowing apparatus that operates on A/C power. There is a button on the base that when pressed simulates “falling snow” by blowing small white pieces of plastic into the visible portion of the display.

The “Christmas- Style Snow Globe Scene” will be used to decorate the home during the Christmas holiday to help create a festive atmosphere.

The applicable subheading for a “Christmas- Style Snow Globe Scene”, item # 11630 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,

Robert B. Swierupski
Director
National Commodity Specialist Division