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NY D82325





October 8, 1998

CLA-2-95:RR:NC:SP:225 D82325

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. William A. Vollmerhausen
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of Festive Windsocks from China

Dear Mr. Vollmerhausen:

In your letter dated September 7, 1998, you requested a tariff classification ruling.

Three styles of the "60 inch Polyester Halloween Wind Socks", code #37-75-10, were submitted with your inquiry. The windsocks are made of 100% polyester, nylon cord and metal fasteners. They are fashioned with long, orange and black, streamers that sway in the wind. Each one is individually sealed inside a plastic hanger display package with an advertisement insert. Style #1 resembles three, foam filled, jack-o-lanterns with the words "Trick or Treat" situated between them. Style #2 depicts the partial figure of a skeleton holding a vertical configuration of the word "Halloween" in front of his body. The last item, style #3, portrays three black bats with outstretched wings. All of the wind socks are designed to be hung outdoors as a Halloween decoration.

The applicable subheading for the "60 inch Polyester Halloween Wind Sock", assortment code #37-75-10, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty will be 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. If you have any questions regarding the ruling, contact National Import Specialist Alice J. Wong at 212-466-5538.

Sincerely,

Robert B. Swierupski
Director,

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