The tariff classification of a Halloween light string from China.

N046840 December 23, 2008 CLA-2-94:OT:RR:NC:1:110 CATEGORY: Classification TARIFF NO.: 9405.40.8000; 9817.95.05 Ms. Julie Hsia Santa’s Best Craft, Ltd. 204 Spring Hill Road Trumbull, CT 06611 RE: The tariff classification of a Halloween light string from China. Dear Ms. Hsia: In your letter dated December 9, 2008, you requested a tariff classification ruling. The merchandise under consideration is the 3-piece Halloween Hanging Ghost Set, item number 96120. A sample of the light string was submitted with your ruling request and will be returned to you. The 3-piece Halloween Hanging Ghost Set is a light string consisting of a twisted pair of white insulated conductors measuring approximately 12 feet in length, with 50 white miniature lamp-holders featuring clear filament lamps and three 30 inch tall ghosts. Three plastic posts are secured to the light string at 20 inch intervals and are used to suspend the ghosts. One end of the light string features a 120 Volt (V) 2-prong plug/socket combination. The light string set is designed for indoor and outdoor use and marketed to decorate the home during the Halloween holiday season. This string may be draped, hung or displayed in various areas of the home (i.e. rain gutters, eaves, railings, etc.). The 3-piece Halloween Hanging Ghost Set is a light string also known as electric garland. Electric garland was defined in Ruling HQ 963311 as “an article…able to be hung or displayed and is composed of a string of light bulbs which are powered by an electrical source either attached by a battery, cord, or plug.” The 3-piece Halloween Hanging Ghost Set is classifiable under subheading 9405.40.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other electric lamps and lighting fittings. However, these items are in the form of a three-dimensional representation of a symbol or motif closely associated with Halloween (i.e. Jack-O-Lanterns, Spiders, Ghosts, etc.). From the information you provided, they are designed, marketed and sold during and in celebration of Halloween, which is a recognized holiday in the United States (see HQ H019363). Accordingly, the 3-piece Halloween Hanging Ghost Set is eligible for duty-free treatment under subheading 9817.95.05, HTSUS. The applicable subheading for the 3-piece Halloween Hanging Ghost Set, item number 96120 will be 9817.95.05, HTSUS, which provides for “Articles classifiable in subheadings…9405.20, 9405.40 or 9405.50, the foregoing meeting the descriptions set forth below: Utilitarian articles in the form of a three-dimensional representation of a symbol or motif clearly associated with a specific holiday in the United States.” The general 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 Thomas Campanelli at (646) 733-3016. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division