The tariff classification of a textile elf yard stake from China

N286432 June 13, 2017 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Mr. Long Vu Walgreens Company 304 Wilmot Road MS #3163 Deerfield, IL 60015 RE: The tariff classification of a textile elf yard stake from China Dear Mr.Vu: In your letter dated May 16, 2017, you requested a tariff classification ruling. You submitted a sample of a product, Elf Yard Stake, Walgreens Item Code (WIC) 988968. The elf yard stake is composed of 60 percent polyester fabric (outer covering), 25 percent foam (filling),12 percent bamboo (stake) and 3percent iron (bell). The elf yard stake measures 27 inches long. On one end is a bamboo stake and on the other end is a foam piece covered with textile material, shaped to resemble a Christmas elf hat and socks. The hat is hook shaped, with a bell on the end. They are designed to be displayed in the yard as decoration for the Christmas season. Samples will be returned. You suggest the elf yard stake should be classified under subheading 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. An elf is not a recognized festive character or motif. Therefore, these items cannot be considered festive articles of heading 9505. The applicable subheading for the elf yard stake, WIC 988968 will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7 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 the World Wide Web at https://hts.usitc.gov/current. 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 Adleasia Lonesome via email at adleasia.a.lonesome@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division