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NY B85399




June 12, 1997

CLA-2-85:RR:NC:1: 112 B85399

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9090

Ms. Tammy Locke
Wholesale Supply Company, Inc.
International Department
7100 Service Merchandise Drive
Brentwood, TN 37207

RE: The tariff classification of the "Musical Dancing Graveyard Trio" from China

Dear Ms. Locke:

In your letter dated May 9, 1997 you requested a tariff classification ruling.

As indicated by the submitted sample, the "Musical Dancing Graveyard Trio" is a battery operated device which consists of a graveyard scene with representations of Frankenstein, the Mummy, and a witch. These representations, made of plastic and cloth, simulate a dancing movement when a button is depressed and a brief selection from the song "Monster Mash" is played.

The applicable subheading for the "Musical Dancing Graveyard Trio" will be 8543.89.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical apparatus and machines, ..., not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 3.1 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist David Curran at 212-466-5680.

Sincerely,

Robert Swierupski
Chief, Metals and Machinery Branch

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