CLA-2-63:OT:RR:NC:N3:351
Mary Ackerland Bell
Senior Specialist Import Customs Compliance
Walgreen Company
304 Wilmot Road
Mail Stop 3291
Deerfield, IL 60015
RE: The tariff classification of car decorations from China
Dear Ms. Bell:
In your letter dated February 24, 2009, you requested a tariff classification ruling.
The submitted sample is identified as the Auto Outfits Car Decoration. It consists of plush covered reindeer antlers decorated with red and green ribbon and bells. The plush antlers attach to vehicle windows with plastic clips. They measure approximately 16” x 5”. The large plush red nose attaches to the front grill of a vehicle by means of a rubber strap. It measures approximately 6” x 5”. The intent is to give the vehicle the appearance of a reindeer.
The applicable subheading for the car decorations will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.
In your letter you suggested that the item be classified under subheading 9505.10.5020, HTSUS, which provides for articles of Christmas festivities, other, other. However, the article also does not transform a car into a reindeer and is not recognizable as a symbol of the Christmas holiday.
You also suggest subheading 9505.90.2000, which provides for "Festive, carnival or other entertainment articles, including magic tricks and practical joke articles: Other: Magic tricks and practical joke articles." However, the article does not place an individual at a humorous disadvantage (see Parksmith Corporation v. U.S.)
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 Mitchel Bayer at (646) 733-3102.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division