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NY I82855




June 14, 2002

CLA-2-95:RR:NC:SP:225 I82855

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.0050; 9505.90.6000

Ms. Saralee Antrim-Saizan
Carmichael International Service
533 Glendale Boulevard
Los Angeles, California 90026-5097

RE: The tariff classification of a Devil Strobe, a Skull Strobe, and a Hanging Flame Lite from China.

Dear Ms. Antrim-Saizan:

In your letter dated April 2, 2002, and received in this office on June 4, 2002, on behalf of Multi Media Electronics, you requested a tariff classification ruling.

You submitted the following samples:

Model #1864, Devil Strobe, consists of a rigid plastic representation of the head of the devil that measures approximately 6 inches in height x 4-1/4 inches in width x 5-1/2 inches in length and is colored red with black horns. A strobe mechanism is located in the interior so that the light shines through the eye and mouth openings. A knob on the back of the head allows the user to control the speed of the strobe. There is an on/off switch along the cord that connects the strobe to an electrical outlet. The item is not exclusively sold or marketed as a Halloween decoration.

Model #1866, Skull Strobe, is a rigid plastic representation of a human skull that is similar in size to the Devil Strobe. A strobe mechanism is located in the interior so that the light shines through openings in the eye sockets, nose, and the mouth where teeth are missing. The item is not exclusively sold or marketed as a Halloween decoration.

Model #46103, Hanging Flame Lite, consists of a black plastic cauldron with two chain handles that resembles a large bowl that measures approximately 8” in diameter and 6” deep. The unit features a small built-in fan in the cavity of the cauldron and two orange light bulbs at the mouth. When the unit is switched to the “on” position, the two orange light bulbs light up and the fan starts blowing pieces of silk fabric cut to resemble a flame, and held loosely by hook and loop tabs, up into the air. This creates the illusion of real flames “dancing” in the breeze. The item can sit on a surface as a decoration or be hung from its chain handles, and is of a class or kind similar to cauldrons associated with witches and previously classified as festive decorations for the Halloween holiday.

The applicable subheading for Model #1864, Devil Strobe, and Model #1866, Skull Strobe, will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Other electric sound or visual signaling apparatus. The rate of duty will be 1.3 percent ad valorem.

The applicable subheading for Model #46103, Hanging Flame Lite, 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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