The tariff classification of music box gift bags from China.

N033458 July 23, 2008 CLA-2-92:OT:RR:NC:1:128 CATEGORY: Classification TARIFF NO.: 9208.10.0000; 9902.13.47 Mr. Troy Crago Atico International USA, Inc. 501 South Andrews Avenue Ft. Lauderdale, FL 33301 RE: The tariff classification of music box gift bags from China. Dear Mr. Crago: In your letter dated July 11, 2008, you requested a tariff classification ruling. You have submitted five samples identified as “Christmas Wind-Up Musical Gift Bags”, Item Number A072AA02397. Each item is a miniature, coated-paper gift bag measuring 3.5 inches high with a flat, rectangular bottom measuring 1.5 inches by 3 inches, and two textile-cord carrying handles attached at the top. Including the carrying handles, each bag measures 6 inches in height overall. The bags have different Christmas themes and are decorated with ribbons and either a miniature bell, mitten, or poinsettia. Each bag contains a mechanical musical movement that is activated in winding a metal key, situated at the lower left side of the back of the bag, to play the Christmas melody “We Wish You a Merry Christmas.” The top of each bag is sealed closed. Your samples are being returned as requested. The applicable subheading for the “Christmas Wind-Up Musical Gift Bags”, Item Number A072AA02397, will be 9208.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Music boxes, fairground organs, mechanical street organs, mechanical singing birds, musical saws and other musical instruments not falling within any other heading of this chapter; decoy calls of all kinds; whistles, call horns and other mouth-blown sound signaling instruments.” The rate of duty will be 3.2% ad valorem. However, heading 9902, HTSUS, covers a wide variety of goods that have a temporary reduction in their rate of duty by virtue of legislative action. Subheading 9902.13.47, HTSUS, provides for “Music boxes with mechanical musical movements, presented in the immediate packaging for shipment to the ultimate purchaser, and each weighing not over 6 kg together with retail packaging (provided for in subheading 9208.10.00).” The subject “Christmas Wind-Up Musical Gift Bags”, Item Number A072AA02397, meet the prerequisites of this tariff provision. Accordingly, the “Christmas Wind-Up Musical Gift Bags” are entitled to beneficial treatment under HTSUS subheading 9902.13.47. The rate of duty is Free. This rate only applies to articles entered on or before December 31, 2009. 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 Sharon Chung at 646-733-3028. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division