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NY H88770




March 5, 2002

CLA-2-95:RR:NC:SP:225 H88770

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500; 9505.90.6000

Mr. Ted Conlon
Four Star International
229 East Main Street
Milford, MA 01757

RE: The tariff classification of a Holiday Fan Sculpture assortment from China.

Dear Mr. Conlon:

In your letter dated February 18, 2002, you requested a tariff classification ruling.

The submitted assortment, Item #12300603, Holiday Fan Sculpture, consists of photographs of eight styles (Ghost, Skeleton, Scarecrow, Jack-O-Lantern, Santa, Reindeer, Snowman, and Angel) of a six feet tall nylon fan sculpture with electric motor. The electric motor, when attached to the base of the sculpture, illuminates the nylon and causes a fan to blow air into the sculpture, simulating movement. When imported, each style will be boxed and sold separately as an entire unit with their own individual item numbers. The different styles, each a symbol of a specific holiday, or a non-symbol draped in the appropriate symbols, will be marketed and sold as decorative articles during their appropriate holidays.

The applicable subheading for the Santa, Reindeer, Snowman and Angel styles of Item #12300603 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.

The applicable subheading for the Ghost, Skeleton and Scarecrow styles of Item #12300603 will be 9505.90.6000, 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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