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NY F81429




CLA-2-95: D13 F81429

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Barry Klein
Klein International, Ltd.
9373 SW Barber Street
Wilsonville, Oregon 97070

RE: The tariff classification of a “Bunny Large Character Windsock” made in China.

Dear Mr. Klein:

In a letter dated December 17, 1999, received by U.S. Customs on December 29, 1999, you requested a tariff classification ruling on a “Bunny Large Character Windsock”, item #280. A sample of the product was provided.

This windsock is a three dimensional representation of a bunny rabbit measuring approximately 3-feet 7-inches long. It is made of a white nylon material. A face is stitched on the front of the head in black thread and there are two long ears also sewn at the top. The bunny is holding three colorful Easter eggs. The head, feet and eggs are stuffed with a soft fiber filling. A plastic ring used to hold the windsock open to catch the air is sewn in at the top. Nylon cord attached to this ring is used to secure the windsock to a hook or similar device suspending the windsock above the ground.

As a result of a court case involving Midwest of Cannon Falls Inc. vs. U.S. 96-1271, -1279, certain articles which were perceived to be classified elsewhere in the tariff, will now fall within the realm of "festive, carnival or other entertainment articles of Chapter 95". In this instance, the contributing factor that identifies the articles use with the festive occasion of Easter is the decorated eggs held by the rabbit. In addition, the supporting evidence regarding the circumstances of sale for the product in association with the claimed holiday has been satisfied.

Therefore, this office finds the submitted windsock is classifiable as a festive article in Chapter 95.

The applicable subheading for the “Bunny Large Character Windsock”, item #280 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 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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