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

Mr. Tommy Zhu
Creative Design Ltd
No 42, Longjiang Rd, Longjiang Village, Dalingshan Town
Dongguan
China

RE: The tariff classification of Christmas decorations from China.

Dear Mr. Zhu:

In your letter dated March 11, 2025, you requested a tariff classification ruling.

You submitted a photograph, and a detailed description of an item identified as Resin Nutcracker Decor, item number X533-PXPRB010AB, which consists of an assortment of two styles of nutcracker figures made of polyresin and natural stone powder. Each figure is standing on a circular base. The first figure depicts a traditional nutcracker king standing at attention attired in a jacket with epaulettes, high boots and a crown. On top of his crown, he is carrying a decorated Christmas tree with a golden star on top. The second figure depicts a traditional soldier nutcracker standing at attention also attired in a jacket with epaulettes and high boots. The soldier is balancing a tall stack of wrapped Christmas presents on his head. Each style is sold separately. The assortment of nutcracker decor figures is marketed and sold exclusively as Christmas decorations.

The applicable subheading for the Resin Nutcracker Decor, item number X533-PXPRB010AB, 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.

Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition to subheading 9505.10.2500, HTSUS, listed above. 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 at https://hts.usitc.gov/.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Sandra Carlson at [email protected].
Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division