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NY 860622


March 12, 1991

CLA-2-95:S:N:N3D:225 860622

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Howard M. Paull
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, New York 10004

RE: The tariff classification of plastic eggs and an inflatable Easter egg from China

Dear Mr. Paull:

In your letter dated February 19, 1991, you requested a tariff classification ruling on behalf of your client Kmart Corporation.

Three samples were submitted with your inquiry. The first article, item number 04-34-75, is called "Eggs in Bag". The eggs, made of plastic, are hollow and 1 1/2 inches long. They may be opened at the center and filled with a small surprise by the consumer. The eggs come in assorted colors and are packaged in sets of 24 with a cardboard header for retail sale.

The next sample, item number 04-35-74, is called an "Inflatable Easter Egg". The plastic egg measures 24 inches prior to inflation and is shaped like an egg. A whimsical design of flowers and bunnies and the words "Happy Easter" are embellished on the egg.

The final article, item number 04-35-76, is called the "Chick Egg". This egg is imported blister packed for retail sale. It is made of plastic and has a fancy design painted around the egg. The egg measures approximately 3 inches. It has two holes on the bottom which, when covered, activates an electronic chirping sound and light, from within the egg. The light illuminates a silhouette of a chick inside the egg. Your samples are being returned as requested.

The applicable subheading for the "Eggs in Bag", "Inflatable Easter Egg" and "Chick Egg" will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles: other: other. The duty rate will be 3.1 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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