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NY C89727


August 5, 1998

CLA-2-95:RR:NC:SP:222 C89727

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Kimberly Fathauer

A. W. Fenton Company, Inc.

P. O. Box 360614

Columbus, OH 43236-0614

RE: The tariff classification of a baseball Santa hat from China.

Dear Ms. Fathauer:

In your letter dated July 2, 1998, on behalf of your client Consolidated Stores Corp., you requested a tariff classification ruling.

The submitted sample is identified as item #13284745, baseball Santa hat. It is composed of 100 percent polyester. The baseball Santa hat is available in three styles. All three styles are designed as a Santa hat with a baseball cap style bill and a white fluffy ball at the end of the long red cone shaped portion of the hat. The hats have a green bill in the front and adjustable straps at the back. The only difference between the three styles of hats is the wording on the front of the cap. The first hat has "Merry Christmas" written across the front with holly leaves and berries. The second hat has "I Believe in Santa" written across the front with holly leaves and berries. The third hat has "Ho Ho Ho" written across the front and a single line of green dots.

The sample is returned as you requested.

The applicable subheading for the baseball Santa hat, will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: 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 Masterson at 212-466-5892.

Sincerely,


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