The tariff classification of a "Set of 3 Musical Snow Globes with Lights" from China.

N036637 September 5, 2008 CLA-2-95:OT:RR:E:NC:N2:225 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Leslie Grillo QVC, Inc. 1200 Wilson Drive West Chester, PA 19380 RE: The tariff classification of a “Set of 3 Musical Snow Globes with Lights” from China. Dear Ms. Grillo: In your letter dated August 26, 2008, you requested a tariff classification ruling. The subject merchandise, based on submitted photographs, consists of an assortment of three musical snow globes identified as SKU number H11584, “Set of 3 Musical Snow Globes with Lights.” Each snow globe measures approximately 5-1/2” in height and 3” in diameter and plays traditional Christmas tunes. The first design depicts a white bearded Father Christmas carrying a miniature snow-covered evergreen tree in one hand and a lantern in the other hand. He is dressed in traditional red attire and hat. Father Christmas is a name used in many English speaking countries for the gift-bringing figure of Christmas, and is specifically cited in the Explanatory Notes to the Harmonized Tariff Schedule of the United States as an exemplar of a figure traditionally associated with Christmas festivities. The snow globe is mounted on a gold and green base. The second design depicts a decorated Christmas tree adorned with red ribbons, gold tinsel and a gold star tree topper. The globe is mounted on a red and gold base. The third design depicts a snow-covered church framed by evergreen trees that is mounted on a white and gold base. Each snow globe is powered by two “AAA” batteries, which are included. When a button is pressed underneath each snow globe’s base, faux snow starts swirling inside the snow globe while music plays. The Father Christmas snow globe plays “The First Noel” while his lantern lights up. The Christmas tree snow globe plays “Joy to the World” while its star tree topper lights up. The church snow globe plays “Silent Night” while its doors and windows light up. You have inquired whether the “Musical Snow Globes with Lights” are classifiable as festive articles for Christmas under tariff subheading 9505.10, HTSUS, or as music boxes under tariff subheading 9208.10, HTSUS. The Explanatory Notes to 92.08 state, in part, that music boxes “consist of small mechanical movements playing tunes automatically, incorporated into boxes or various other containers. The main component is a cylinder set with pins (according to the notes of the tune to be played); on rotating, the pins contact metal tongues arranged like teeth of a comb, causing them to vibrate and produce the notes. The components are mounted on a plate and the cylinder is rotated either by a spring-operated (clockwork) motor which is wound with a key or directly by a handle.” Therefore, in order to be classified in tariff subheading 9208.10, HTSUS, a music box must be operated by a wind-up mechanism. Since the “Musical Snow Globes with Lights” are powered by batteries, they are excluded from classification as music boxes in tariff subheading 9208.10, HTSUS. Consequently, as the “Musical Snow Globes with Lights” are excluded from classification as music boxes, do not provide usable light and are intended purely as a decoration for the Christmas holiday, the assortment will be classified as festive articles for Christmas under tariff subheading 9505.10, HTSUS. The applicable subheading for SKU number H11584, “Set of 3 Musical Snow Globes with Lights”, 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