HQ 087766: Christmas Pin; Festive Articles; Heading 9505; ImitationJewelry

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 087766

                        December 18, 1990

CLA-2 CO:R:C:G 087766  WAW

CATEGORY:  Classification

TARIFF NO.:  7117.90.5000

Joel K. Simon, Esq.
Serko & Simon
One World Trade Center
Suite 3371
New York, N.Y.  10048

RE:  Christmas Pin; Festive Articles; Heading 9505; Imitation
Jewelry

Dear Mr. Simon:

     This letter is in response to your inquiry, dated August 14,
1990, on behalf of your client, Russ Berrie & Company, Inc.,
requesting the tariff classification of a Christmas Pin under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).  A sample of the merchandise was submitted along with
your request.

FACTS:

     The sample articles, designated as Item No. 1948, consist
of pins with various Christmas motifs.  The front of the pin is
made of molded polyvinyl chloride and a metal bar-pin is affixed
to the back to fasten the pin to a person's clothing.  The pins
are designed in the shape of a Christmas tree, a Christmas wreath
and a sprig of holly leaves with red berries.  Printed on the
side of the box are the words "Christmas Charms."  The pins will
be made in China.  After production, the pin will be sent to Hong
Kong where it will be packaged in small cardboard boxes with see-
through plastic covers.

     You maintain that the Christmas pins are classifiable under
subheading 9505.10.2500, HTSUSA, which provides for Articles for
Christmas festivities and parts and accessories thereof:
Christmas ornaments: Other: Other or in the alternative under
subheading 9505.10.4000, HTSUSA, which provides for Articles for
Christmas festivities and parts and accessories thereof: Other:
Of plastics.

ISSUE:

     Whether the sample merchandise is classified as a "festive
article" under Heading 9505, HTSUSA.

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) set forth the
manner in which merchandise is to be classified under the HTSUSA.
GRI 1 requires that classification be determined first according
to the terms of the headings of the tariff and any relative
section or chapter notes and, unless otherwise required,
according to the remaining GRI's, taken in order.

     In the instant case, there are three headings of the
nomenclature which may be eligible for classification of this
article.

     First, Heading 9503, HTSUSA, provides, in pertinent part,
for "[o]ther toys."  Customs has previously held that among pins
and buttons only comic buttons with humorous words or sayings are
properly classified as "other toys."  Although the subject pin
provides minimal amusement, it is not of a comical nature nor
does it feature humorous words or sayings -- it is simply a
novelty pin which does not meet the requirements for
classification in Heading 9503, HTSUSA.

     Second, Heading 9505, HTSUSA, provides for festive, carnival
or other entertainment articles, including magic tricks and
practical joke articles, as well as parts and accessories for
these articles.  The Explanatory Notes constitute the official
interpretation of the tariff at the international level.  The
Explanatory Notes to Heading 9505, HTSUSA, state that the heading
covers the following articles:

     (A)  Festive, carnival or other entertainment
          articles, which in view of their intended use
          are generally made of non-durable material.
          They include:

          (1)  Decorations such as festoons,
               garlands, Chinese lanterns, etc.,
               as well as various decorative
               articles made of paper, metal foil,
               glass fibre, etc., for Christmas
               trees (e.g., tinsel, stars,
               icicles), artificial snow, coloured
               balls, bells, lanterns, etc. Cake
               and other decorations (e.g.,
               animals, flags) which are
               traditionally associated with a
               particular festival are also
               classified here.

                     *          *          *

Articles classifiable in Heading 9505, HTSUSA, generally tend to
have no other function than decoration.

     Although an article may have the design or ornamentation
appropriate for use during a specific holiday, it may still not
qualify for classification in the festive article provision.  In
the instant case, the Christmas pin is a decorative article which
by its design and ornamentation is intended to be used during the
Christmas season.  It is clear, however, that the class or kind
of goods to which this pin belongs is not traditionally
associated with Christmas.  Pins, as a class of merchandise, are
used all year long, and may have a wide variety of motifs, many
of which would not be considered festive.  Consequently, the
instant merchandise does not satisfy the requirements for
classification of an article under the "festive article"
provision in Heading 9505, HTSUSA.

     Finally, Heading 7117, HTSUSA, provides for "[i]mitation
jewelry."  Legal Note 10 to Chapter 71, HTSUSA, states that
"[f]or the purposes of heading 7117, the expression 'imitation
jewelry' means articles of jewelry within the meaning of
paragraph (a) of note 8 above. . . ."  Legal Note 8(a) defines
"articles of jewelry" as follows:  "Any small objects of personal
adornment (gem-set or not) (for example, rings, bracelets,
necklaces, brooches, earrings, watch chains, fobs, pendants, tie
pins, cuff links, dress studs, religious or other medals and
insignia). . . ."  A brooch is defined in the Jeweler's
Dictionary, 3rd edition, 1976, published by Jewelers' Circular
Keystone, as: "A piece of jewelry to be worn pinned to clothing,
as at the neck or shoulder, on the breast or hat, or in the
hair."  The American Heritage Dictionary, 2nd college edition,
1985, Houghton Mifflin, defines a brooch as a "large decorative
pin or clasp."

     In the instant case, the Christmas pin is not materially
different from the pin-on novelty buttons that Customs has
classified as imitation jewelry articles.  See Headquarters
Ruling Letter (HRL) 086630, dated July 3, 1990 (a Santa Claus
lite-up button and a Frankenstein lite-up button were both
classified as imitation jewelry articles in subheading
7117.90.5000, HTSUSA); HRL 087109, dated August 16, 1990 (a
skeleton pin was classified as imitation jewelry in subheading
7117.90.5000, HTSUSA).  The sample merchandise contains a bar-pin
clasp which is the type of clasp routinely affixed to jewelry
pins or brooches.  Moreover, the article is intended to be worn
pinned to clothing for display as an article of personal
adornment.  Accordingly, it is Customs view that an article such
as the sample merchandise which is primarily worn as a decorative
article of jewelry, does not satisfy the requirements for
classification of an article under Heading 9505, HTSUSA, and is
more properly classified in the provision for "imitation jewelry"
in Heading 7117, HTSUSA.

HOLDING:


     In view of the foregoing analysis, it is the determination
of this office that the Christmas pin is properly classified
under subheading 7117.90.5000, HTSUSA, which provides for
imitation jewelry, Other, Other, valued over 20 cents per dozen
pieces or parts.  Articles classified under this provision are
subject to a rate of duty of 11 percent ad valorem.

                                   Sincerely,





                                   John Durant, Director
                                   Commercial Rulings Division