The tariff classification of decorative glitter butterflies and flower gems from China

N245943 October 17, 2013 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.40.0000 Mr. Larry Lieberman New York Customs Brokers, Inc. 148-02 Guy R. Brewer Blvd. Jamaica, NY 11434 RE: The tariff classification of decorative glitter butterflies and flower gems from China Dear Mr. Lieberman: In your letter dated August 29, 2013, on behalf of Missry Associates, Inc., you requested a tariff classification ruling. Samples were provided with your letter. The glitter butterflies (Item#58154023BL) are composed of polyethylene and covered with glitter. The decorative butterfly ornament has a small metal clip with serrated teeth on the back which can be used to secure the item to various objects, such as clothing, a backpack, a gift box, a basket or a flower arrangement. The glitter butterflies are packaged 3 to a retail carton. The decorative flower “gems” (Item #58144030BL) are molded plastic decorations, each in the form of a flower head with eight petals. Though the flower gives the impression of being formed by multiple plastic gemstones, it is created as a single molded piece. The flower gems are packaged 40 to a retail package and are of a type used for craft activities. Although the packaging for both items mentions Easter in small letters, neither the decorative butterflies nor the decorative flower gems are recognized Easter or festive motifs. The applicable subheading for the plastic glitter butterflies and the plastic flower gems will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics...statuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem. 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 Joan Mazzola at (646) 733-3023. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division