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NY J81134




February 14, 2003

CLA-2-95:RR:NC:SP:225 J81134

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 9” Pumpkin Turkey from China.

Dear Mr. Hoffacker:

In your letter dated February 5, 2003, on behalf of Big Lots Stores, Inc., you requested a tariff classification ruling.

You submitted a photograph of Item #DF9885, 9” Pumpkin Turkey, an assortment of two decorations depicting a polyester fabric turkey head, neck, and feathers with a resin torso that anchors the roosting bird. Each torso is shaped to resemble a pumpkin. Design “A” has orange feathers with an orange, yellow, green checkerboard patterned torso. Design “B” has orange, yellow, and green feathers with an orange torso. Each design measures approximately 9 inches in height x 8 inches in width x 7 inches in length, and is intended as a table decoration for the Thanksgiving holiday.

The applicable subheading for tem #DF9885, 9” Pumpkin Turkey, 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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