# NY H81480

June 12, 2001

CLA-2-95:RR:NC:2:222 H81480

CATEGORY: Classification

TARIFF NO.: 9505.10.2500

Ms. Lorianne Aldinger

Rite Aid Corporation

P.O. Box 3165

Harrisburg, PA 17105

RE: The tariff classification of textile Christmas card holders from
China.

Dear Ms. Aldinger:

In your letter, dated May 10, 2001, you requested a classification
ruling.

You have submitted three samples of textile Christmas card holders. The
merchandise, "Card Holder -- Christmas Design," item 994001, measures 8
½ inches in width and 17 ½ inches in height. It is 60 percent polyester,
30 percent cotton, and 10 percent wood. The item is quilted to create a
soft sculpture holiday scene above with a related scene sewn into a
pocket below. There are three styles: 1) "Santa Riding a Reindeer," 2)
"Skiing Snowman," and 3) "Fishing Santa." Each quilted scene (with the
corresponding pocket beneath it) is framed in a textile quilt. A wooden
rod and textile cord are attached at the top of the quilt with two
textile tabs; this permits the item to be hung on the wall. The products
are intended to be used as wall hangings/card holders and home décor
items, and they will be merchandised among Christmas decorations. The
items are described thus;

1.  "Santa Riding a Reindeer." The textile quilted scene at the top
    depicts Santa, in a red jacket, red and green riding pants, brown
    boots, and with a white beard, seated atop a reindeer. Behind Santa
    there are six, green fir trees (three are partially covered with
    snow). The ground is completely covered with snow. Six red geese fly
    alongside Santa. A border that girds the upper periphery of the
    scene is comprised of green fir trees set against a blue background.
    Below this quilted scene there is a textile pocket for Christmas
    cards. The pocket depicts a reindeer, four green fir trees (three
    are partially covered with snow), and three red geese. The ground is
    completely covered with snow. A border that girds the upper
    periphery of the pocket is comprised of green fir trees set against
    a blue background.

2.  "Skiing Snowman." The textile quilted scene at the top depicts a
    snowman skiing in the foreground, while Santa is skiing in the
    background. The snowman is wearing a red ski jacket (with four, red
    pockets and green and yellow cuffs), red mittens, a red and orange
    hat with red pompom, and a red, green, blue, and white scarf. In the
    background Santa is depicted on skis: he is wearing a red jacket,
    red and green plaid pants, and brown boots, and he has a white
    beard. There are four, green fir trees on the snow covered hill (two
    are partially covered with snow). Three red geese fly past the
    snowman. A border that girds the upper periphery of the scene is
    comprised of white snowflakes set against a blue background. Below
    this quilted scene there is a textile pocket for Christmas cards.
    The pocket depicts a skiing bear that has fallen in the snow. The
    bear, seated upright in the snow, is wearing a red, blue, and yellow
    scarf, a green jacket (with four, green pockets), and red boots. The
    background depicts five, green fir trees on the snow covered hill.
    Three of the trees are partially covered with snow. A red goose
    flies past the fallen bear. A border that girds the upper periphery
    of the pocket is comprised of white snowflakes set against a blue
    background.

3.  "Fishing Santa." The textile quilted scene at the top depicts Santa
    fishing in a hole on a snow covered pond. Santa is wearing a red
    fishing jacket (with two pockets at the waist and brown cuffs), red
    and green plaid pants, brown boots, and blue mittens; he has a white
    beard, and he is holding a fishing pole. The background depicts
    three, green fir trees (partially covered with snow). The foreground
    depicts a squirrel (wearing a red and blue, plaid vest and holding a
    fish that is suspended from Santa's fishing pole) and a red goose. A
    border that girds the upper periphery of the scene is comprised of
    brown fish set against a green border. Below this quilted scene
    there is a textile pocket for Christmas cards. The pocket depicts a
    bear and a fox fishing in a hole on a snow covered pond. The bear is
    wearing a red fishing vest (with red pockets) and it is holding a
    fishing pole. The fox is wearing a green jacket (with four green
    pockets and gold buttons). The background depicts three, green fir
    trees (partially covered with snow). A border that girds the upper
    periphery of the pocket is comprised of brown fish set against a
    green background.

The applicable subheading for textile Christmas card holders will be
9505.10.2500, Harmonized Tariff Schedule of the United States (HTS),
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, other, other. The rate of duty
will be free.

This ruling is being issued under the provisions of Part 177 of the
Customs Regulations (19 CFR 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 212-637-7090.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division