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NY F85969




May 8, 2000

CLA-2-95:RR:NC:SP:222 F85969

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Ms. Lorainne Aldinger
Rite Aid corporation
P. O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a Christmas fence decoration from China.

Dear Ms. Aldinger:

In your letter dated March 23, 2000, you requested a tariff classification ruling.

The submitted samples consist of two styles of Christmas decorations that are identified as sku #X05483. They are fences that are made predominately of wood. Your letter of inquiry states that they will be designated as one item.

Both three-piece fence decorations are made with a hinged construction. The decoration measures approximately thirteen inches in height. One fence includes four snowmen, a Christmas tree, birdhouse and a sign that reads “Have a Holly Jolly Holiday”. The other fence is designed with Santa and a bag of toys, a snowman, a Christmas tree, a mailbox, a birdhouse and a sign that reads “North Pole”.

The applicable subheading for the hinged fences 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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