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PD E81917

May 28, 1999

CLA-2-95:CO:CH:D12 E81917

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Lorianne Aldinger
Import Manager
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011

RE: The tariff classification of a 15" Halloween Musical Tree made in China.

Dear Ms. Aldinger:

In your letter dated May 6, 1999, you requested a tariff classification ruling for a Halloween tree.

The submitted sample will be imported in an assortment of three colors (purple, green or orange). An IC chip is located inside the tree trunk which allows the item to light up and emit eerie sounds. The Rite Aid item number is 991032.

The tree will be sold during the Halloween season.

Your sample is being returned under separate cover.

The applicable subheading for the sound emitting Halloween tree will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles....Other: Other. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Anita Terry-McDonald
Port Director

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