The tariff classification of a Lighted Cardinal Diorama Ornament from China.

N151119 March 7, 2011 CLA-2-95 OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.10.2500 Ms. Pamela Berry Marisol International 871 Ridgeway Loop, Ste 203 Memphis, TN 38120 RE: The tariff classification of a Lighted Cardinal Diorama Ornament from China. Dear Ms. Berry: In your letter dated March 2, 2011, on behalf of Midwest CBK, you requested a tariff classification ruling. You submitted a sample of a decorative ornament, along with pages from the Christmas section of your Midwest CBK Holiday 201 “Design, Style, Sparkle” catalog. The sample, a Lighted Cardinal Diorama Ornament, identified as item #050040, is an acrylic ornament in the shape of a red hanging Christmas tree ball ornament, with a gold crown and an attached silver hanging loop. The ornament measures approximately 5-1/2” in height and 3-1/2” in diameter. The ornament is cut-out in front and decorated around the circumference of its opening with faux snow and silver glitter. Inside the cut-out is a recessed scene of a three-dimensional red cardinal perched on a branch decorated with three gold pine cones and pine needles. The base of the ornament is flattened, which allows the ornament to sit on a flat surface, and also houses electronics connected to an on/off slide switch. When the switch is slid to the “on” position, the cardinal scene illuminates in an alternating pattern of red, green and blue colors. The light is powered by three button cell batteries. You state that the ornament can be hung on a Christmas tree, and will be marketed and sold specifically in the Christmas section of your catalog as a decoration for the Christmas holiday. Your sample is being returned per your request. The applicable subheading for the Lighted Cardinal Diorama Ornament 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