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NY F86831





June 7, 2000

CLA-2-95:RR:NC:SP:222 F86831

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a paint a tree set from China.

Dear Mr. Hoffacker:

In your letter dated May 4, 2000, on behalf of your client Consolidated Stores, Inc., you requested a tariff classification ruling.

The item #6763, called “Paint a Tree” is a set consisting of a stuffed textile Christmas tree and four coloring markers. The tree has designs of ornaments printed on it in black ink on a white background. It also has a string at the top. The markers will be used to color the Christmas tree ornament. The essential character is imparted by the Christmas tree.

The sample is returned as you requested.

The applicable subheading for the Christmas tree ornament and color markers 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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