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NY G86367




February 12, 2001

CLA-2-95:RR:NC:SP:222 G86367

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.5020

Mr. Ken August
Easter Unlimited Inc.
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of Santa plastic drinking straws from China.

Dear Mr. August:

In your letter dated January 12, 2001, you requested a tariff classification ruling.

The submitted samples are identified as Santa Stretch a Straw, item #7269. The drinking straws are made of flexible, stretchable plastic. The straws have a three-dimensional Santa figure incorporated into the straw. The liquid flows through the Santa figure. The straws are functional items and do not serve merely as decorations. Santa is dressed in the traditional red and white suit and hat with black boots and green gloves that match the green colored straws. This product is made entirely of plastic. Two straws are packaged together in a plastic bag with a header card for retail sale.

The applicable subheading for the Santa plastic drinking straws will be 9505.10.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: 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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