HQ 954431

July 21, 1993

CLA-2 CO:R:C:F 954431 LPF

CATEGORY: Classification

TARIFF NO.: 9505.90.4000

Mr. Ernest Ferrante

Kuehne & Nagel, Inc.

National Head Office and NY Branch

10 Exchange Place - 19th Floor

Jersey City, NJ 07302

RE: Modification of NYRL 875064; Table Bombs in 9505, HTSUSA, as

festive, carnival or other entertainment articles; HRL 952833

Dear Mr. Ferrante:

In New York Ruling Letter (NYRL) 875064, issued July 1, 1992,

"table bombs," imported from Germany, were classified under the

Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

We have reviewed that ruling and have found it to be partially in

error. The correct classification is as follows.

FACTS:

The table bombs may be described as containers holding party

favors and small plastic trinkets. The two styles, both item

#50813, differ in size and contents. One style is a tubular shaped

article measuring 7-3/4 inches in height. The tube is made of

cardboard and has a small lightable fuse attached to one end. When

the fuse is ignited it causes the article to "pop" open and expel

various items such as confetti, paper spirals, and costume items

(e.g., false ears, a nose, lips, fangs, and an eye patch). The

other style is a smaller version of the above. It contains paper

spirals and toy articles (e.g., a miniature plastic charm and a

miniature plastic glass of beer).

In NYRL 875064, the table bombs were held not to constitute a

set put up for retail sale pursuant to GRI 3(a) and (b), and the

various components comprising the merchandise were classified

separately. The cardboard tube, confetti, and paper spirals were

classified in 9505.90.4000, HTSUSA, as festive, carnival or other

entertainment articles, other, confetti, paper spirals or

streamers, party favors and noisemakers. The costume items were

classified in 9505.90.6000, as festive, carnival or other

entertainment articles, other, other. The toy articles were

classified in 9503.90.6000, as other toys, other, other, other

toys.

-2-

ISSUE:

Whether the table bombs are classified, as a whole, in

9505.90.40 as confetti, paper spirals or streamers, party favors

and noisemakers or are classified under the various headings

providing for each of their individual components.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) taken in their

appropriate order provide a framework for classification of

merchandise under the HTSUSA. Most imported goods are classified

by application of GRI 1, that is, according to the terms of the

headings of the tariff schedule and any relative section or chapter

notes. In the event that the goods cannot be classified solely on

the basis of GRI 1, and if the headings and legal notes do not

otherwise require, the remaining GRI's may then be applied. The

Explanatory Notes (EN's) to the Harmonized Commodity Description

and Coding System, which represent the official interpretation of

the tariff at the international level, facilitate classification

under the HTSUSA by offering guidance in understanding the scope

of the headings and GRI's.

Heading 9505 provides for, inter alia, festive, carnival and

other entertainment articles. The EN's to 9505 indicate that the

heading covers:

(A) Festive, carnival or other entertainment articles,

which in view of their intended use are generally

made of non-durable material. They include:...

(2) Articles traditionally used at Christmas

festivities, e.g., artificial Christmas trees

(these are sometimes of the folding type),

nativity scenes, Christmas crackers, Christmas

stockings, imitation yule logs.

(3) Articles of fancy dress, e.g., masks, false

ears and noses, wigs, false beards and moustaches

(not being articles of postiche - heading 67.04),

and paper hats. However, the heading excludes

fancy dress of textile materials, of Chapter 61 or

62.

(4) Throw-balls of paper or cotton-wool, paper

streamers (carnival type), cardboard trumpets,

"blow-outs", confetti, carnival umbrellas, etc.

-3-

We note that the EN's cite "Christmas crackers" as an exemplar

of a festive article traditionally used at Christmas. It is our

understanding that when one pulls or ignites Christmas crackers

they may expel confetti, streamers, little trinkets, etc.

Christmas crackers, identifiable as such at the time of

importation, are classified in their entirety as festive articles.

By analogy it is not necessary to classify the table bombs under

the various headings providing for each of their individual

components, but rather under the appropriate heading providing for

the table bombs, as a whole.

The subject table bombs do not meet the criteria for festive

articles, because they are not traditionally associated with a

particular festival, but instead may be used at parties and various

celebrations throughout the year. See, inter alia, Headquarters

Ruling Letter 952833, issued February 6, 1993. However, pursuant

to GRI 1, the terms of the heading and the EN's indicate that the

table bombs, which are non-durable, are classifiable within 9505

as entertainment articles.

At the subheading level 9505.90.40 provides for confetti,

paper spirals or streamers, party favors and noisemakers, while

9505.90.60 provides for other festive, carnival or entertainment

articles. It is our position that the language in the subheadings

and EN's indicates that the table bombs fit the description of the

non-durable entertainment or party-type articles classifiable in

subheading 9505.90.40.

HOLDING:

The table bombs are classifiable in subheading 9505.90.4000,

HTSUSA, as "Festive, carnival or other entertainment articles...:

Other: Confetti, paper spirals or streamers, party favors and

noisemakers; parts and accessories thereof." The general column

one rate of duty is 4 percent ad valorem.

NYRL 875064 is modified accordingly.

Sincerely,

John Durant, Director

Commercial Rulings Division