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NY H88699




March 8, 2002

CLA-2-95:RR:NC:SP:225 H88699

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

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

RE: The tariff classification of Halloween T-Lite Lanterns (Black Cat, Witch, Jack-O-Lantern) from China

Dear Mr. Hoffacker:

In your letter dated February 15, 2002, on behalf of Big Lots Stores, Inc., you requested a tariff classification ruling.

The submitted sample, Item #T0192, Halloween T-Lite Lanterns (Black Cat, Witch, Jack-O-Lantern), consists of three tin lanterns in the shape of a Black Cat that measures approximately 15” in height x 4-1/2” in width x 7-1/2” in length, a Witch that measures approximately 13-3/4” in height x 6” in width x 7” in length, and a Jack-O-Lantern that measures approximately 14-1/8” in height x 5-1/4” in width x 6-1/2” in length. The Black Cat stands upright, is dressed in a purple and white hat with a gold star, multi-colored clothes with stars, half moons, and the word “Boo.” The Witch has a green face and is dressed in black, orange and yellow clothes decorated with a bat, a red cape, and a black and red hat. The Jack-O-Lantern is an upright figure with a jack-o-lantern head, and orange, black and purple clothes decorated with two jack-o-lanterns. Each design of the lantern has a tealight candle inside. When the candle is lit, the amount of light emitted only serves to illuminate the lantern, not the surrounding area. The lanterns depict recognized symbols of Halloween and satisfy the criteria for the festive article provision as purely decorative items designed to help create a scary environment for the holiday.

The applicable subheading for Item #T0192, Halloween T-Lite Lanterns (Black Cat, Witch, Jack-O-Lantern), 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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