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January 27, 1999

CLA-2-63:RR:NC:TA:352 D86897

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Ms. Colleen M. Egan
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of a “Bunny Stake” from China.

Dear Mr. Egan:

In your letter dated December 10, 1998, on behalf of LTD Commodities Incorporated, you requested a tariff classification ruling.

The submitted literature depicts a scarecrow-like figure identified as item number BYP-(45776). It measures approximately 35 1/2"H x 28 1/2"W, with a textile fabric head which resembles a bunny rabbit’s head. The head is attached onto the top of a 65 percent polyester/ 35 percent cotton woven pants outfit. Protruding from the bottom of the pants are woven fabric feet which resemble a bunny rabbit’s feet. The head, hands and feet are padded with 100 percent polyester fibers. The article is mounted onto a plywood pole that is designed to be stuck into the ground.

The applicable subheading for the “Bunny Stake” will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other. The rate of duty will be 7 percent ad valorem.

At the present time there are no visa or quota restrictions for articles classifiable under subheading 6307.90.9989,HTS, from China.

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 Alan Tytelman at 212-466-5896.

Sincerely,

Robert B. Swierupski
Director,

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