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NY B85562



June 3, 1997

CLA-2-95:D13 B85562

CATEGORY: CLASSIFICATION

TARIFF NO.: 9502.10.0040

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

RE: The tariff classification for a "Fabric Witch/Scarecrow made in China.

Dear Ms. Aldinger:

In your letter dated May 7, 1997 you requested a tariff classification ruling on a "Fabric Witch/Scarecrow".

Submitted with your request were two samples of the "Fabric Witch/Scarecrow", Rite Aid item # 972157. The first sample, the "Fabric Witch" is approximately 19 inches in height. The body is covered with a textile, hollow, cone shaped, and designed to stand upright. The witches head and arms are soft, pliable and stuffed. The witch is accessorized with a black pointed hat, broom, apron, and a sack for "Crypty Crackers".

The second sample the "Fabric Scarecrow" is also approximately 19 inches in height. The Scarecrow is constructed with a wire frame which is covered in a rolled poly sheeting. The Scarecrow is dressed in a tattered jacket and pants, and is accessorized with a hat, broom, sack. The Scarecrow is holding a sign which says "Guardian the Garden".

The applicable subheading for these "Fabric Witch/Scarecrows" Rite Aid item # 972157 will be 9502.10.0040 Harmonized Tariff Schedule of the United States (HTS), which provides for Dolls representing only human beings and parts thereof: Other: Other. The rate of duty is free.

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. Your sample is being returned under separate cover.

Sincerely,

Jeffrey R. Walgreen
Port Director

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