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NY D89209




April 2, 1999

CLA-2-95:D13 D89209

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Amy Johnson
Classification Specialist
Wal* Mart Stores, Inc.
702 Southwestern 8th Street
Bentonville, Ar 72716-8023

RE: The tariff classification of a M & M Light-up Wand made in China.

Dear Ms. Johnson:

In a letter dated March 10, 1999 you requested a tariff classification ruling on a M & M Light-up Wand, Stock #21414, made in China. A representative sample was submitted.

This article is a plastic safety wand approximately twelve inches in length. A plastic hollow witches head is attached to the sample wand provided. Inside the handle is a flashlight type battery clip designed to hold two AA size batteries. This battery clip includes a pen light type light bulb used to illuminate the inside of the witches head. In operation batteries are inserted into the battery clip providing power to light up the bulb. The wand is screwed into the head so that the light shines inside the witches head. The light-up wand does not contain a lens nor is it capable of projecting a beam of light. This safety wand is designed to be carried by children at Halloween.

The applicable subheading for the M & M Light-up Wand will be 9505.90.6000 Harmonized Tariff Schedule of the United States (HTS),Festive, carnival or other entertainment articles; 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.

Sincerely,

Jeffrey R. Walgreen
Port Director

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