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NY H87333




February 7, 2002

CLA-2-95:RR:NC:SP:225 H87333

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a 3D Light Sculpture - Spider from China.

Dear Ms. Aldinger:

In your letter dated January 25, 2002, you requested a tariff classification ruling.

The submitted sample, Item #999418, 3D Light Sculpture – Spider, is a three dimensional spider shaped gray wire frame light sculpture covered with black wire and highlighted by purple amp bulbs on the body and legs and two green amp bulbs for eyes, which light up. The spider has a 30” plug-in electrical cord and three spare bulbs. The spider is not a toy, but a decorative item intended to be used for Halloween.

The applicable subheading for Item #999418, 3D Light Sculpture – Spider, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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