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NY I85767




August 29, 2002

CLA-2-95:RR:NC:SP:225 I85767

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 a Sparkle Flower Headband assortment from China.

Dear Mr. Hoffacker:

In your letter dated August 22, 2002, on behalf of Big Lots Stores, Inc. you requested a tariff classification ruling.

The photograph submitted, Item #E054, Sparkle Flower Headband, consists of an assortment of rigid plastic “one size fits all” horseshoe shaped headbands that are decorated with flower petals made of polyester plush and sprinkled with glitter. The headbands will be imported with the flower petals in three colors (yellow, pink, and purple). The headbands are not of the kind normally associated with holding the hair in place, but instead are intended as a costume for the Halloween holiday.

The applicable subheading for Item #E054, Sparkle Flower Headband, 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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