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NY 809464




April 26, 1995

CLA-2-49:S:N8:234 809464

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.91.4040

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a "Happy Halloween Sticker" (printed picture), from Taiwan.

Dear Ms. Aldinger:

In your letter dated April 17, 1995, you requested a tariff classification ruling.

A sample was submitted and will be retained for reference. It is an irregularly shaped sheet of rubbery plastic film, roughly 3 1/2" x 5 1/2", printed with a picture of a black cat and two bats, captioned with the word "boo." The printed film, which is approximately 0.14 mm in thickness, is mounted on a plastic backing, from which it may be removed (peeled off) and then applied to window glass or similar surfaces for use as a decoration. The item is not coated with an adhesive but clings to surfaces by the action of static electricity; after display, it may be returned to its backing for storage and subsequent reuse.

The product, which is also said to glow in the dark after being exposed to a light source, will be imported in six assorted designs, individually packaged in a polybag with printed header card.

The applicable subheading for the "Happy Halloween Sticker" (Rite Aid item #94999) will be 4911.91.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non- enumerated) printed pictures. The rate of duty will be 2.8%.

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

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