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NY I86660




September 26, 2002

CLA-2-95:RR:NC:SP:225 I86660

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 an assortment of an “Easter Egg Pop-Out Surprise” from China.

Dear Ms. Aldinger:

In your letter dated September 16, 2002, you requested a tariff classification ruling.

The assortment submitted, Item #930656, “Easter Egg Pop-Out Surprise”, consists of five stuffed animals (3 bunnies, 1 pig and 1 duck) attached inside five colored plastic eggs. When the plastic egg is squeezed, the egg opens and the animal pops up. The animal can be pushed back into the egg, closed, and the process repeated. The 3 bunnies (pink, blue and white) are decorated with a carrot on their chest. The white pig is decorated with 3 colored eggs and the words “Happy Easter.” The yellow chick is decorated with 3 colored eggs and the words “Happy Easter.”

The animals although not symbols themselves of Easter, are draped in colored eggs, which are acceptable symbols of the holiday. Therefore, the assortment will be classified within the festive article chapter.

The applicable subheading for Item #930656, “Easter Egg Pop-Out Surprise”, 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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