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NY 812937



July 31, 1995

CLA-2-71:S:N:N6:344 812937

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.19.9000

Ms. Annie Sanzano
U.S. Import & Promotions Co.
Financial Federal Building
407 Lincoln Road - Suite 12-D
Miami Beach, FL 33139
.
RE: The tariff classification of base metal novelty pins and display from China and Taiwan.

Dear Ms. Sanzano:

In your letter dated July 24, 1995, you requested a tariff classification ruling.

The submitted sample is a display of "Halloween Flashing Lapel Pins," ten backs for the display pins and 14 complete pins in retail packages and a yellow paper "moon."

The display is shaped like a pine tree and painted black with an orange "haunted" house on the front. A small "off" "on" switch is situated in the bottom left hand corner of the display. Ten "Blinkie" pins depicting Halloween themes, i.e., a witch, a skeleton, a ghost, etc. are attached to the display. The back of the display consists of a copper circuit board with battery compartment which holds two "C" batteries. A yellow paper "moon" which reads "Spook Your Friends only $3.99," is attached to the top of the display. The battery compartment serves as an easel for the display. When the display is switched on, all ten pins blink. After the pins are sold, the display is discarded.

The ten backs Included with the display are circular 1 1/8" x 1/4" acrylic battery compartments. A miniature copper circuit board with three metal posts is glued to the back of the pin. The three posts are inserted into the acrylic battery compartment. The battery compartment holds two silver oxide button cells and three pierced earring backs which hold the posts in place. The posts can be inserted into two positions - "on" and "off". When the posts are inserted into the on position, the "eyes" in the witch, ghost, etc. blink on and off.

.

Your sample is being returned as requested.

The applicable subheading for the display and pins will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other. The rate of duty will be 11% 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,


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