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NY J82623




April 11, 2003

CLA-2-95:RR:NC:SP:225 J82623

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road, Suite 400
Eden Prairie, MN 55347-4194

RE: The tariff classification of a “Hanging Halloween Decorations” assortment and a “Cotton Batting Basket” assortment from China.

Dear Mr. Anderson:

In your letter dated March 28, 2003, on behalf of D56, you requested a tariff classification ruling.

You submitted the following samples:

Item #56-34659, “Hanging Halloween Decorations”, consists of an assortment of four 3-1/2” decorative articles for the Halloween holiday. “Black Cat w/Pumpkin” depicts a full-bodied black cat figure made of man-made fibers that is standing upright on two feet The black cat figure has a plastic pumpkin for a body that measures approximately 1-1/2 inches in diameter and has a plastic string for hanging. “Black Cat w/Orange Hat” depicts a full-bodied black cat figure wearing an orange hat and sitting in an orange metal pail with a jack-o-lantern face. The black cat is made of man-made fibers and has a string for hanging. “Teddy Bear Devil” depicts a teddy bear dressed up to resemble a devil with a red hat with black horns, a red jester collar, and a red pointed tail. The teddy bear is sitting atop a pumpkin with a jack-o-lantern face. The teddy bear is made of man-made fibers and has a string for hanging. “Teddy Bear Ghost” depicts a teddy bear dressed to resemble a ghost with a white sheet over its head and body and is sitting atop a plastic pumpkin. The teddy bear is made of man-made fibers and has a string for hanging.

Item #56-34693, “Cotton Batting Basket”, consists of an assortment of three cup-shaped decorative articles for the Halloween holiday that are made of a paperboard base and covered with cotton batting. “Jack-o-lantern” is covered with orange cotton batting and depicts a scary jack-o-lantern face made of felt fabric black and white eyes, red nose and a white mouth with black stitches across the mouth. “Black Cat” is covered with black cotton batting and depicts a scary black cat’s face with felt fabric green slit eyes, red nose, and white mouth with stitching across the mouth. “Monster” is covered with lime green cotton batting and depicts a scary monster face with felt fabric red eyes, a yellow triangular nose, and a red and black mouth with white stitches across the mouth. Each article measures approximately 3 inches in height and 3 inches in diameter with a fabric pipe cleaner handle that can be used for hanging.

Your samples are being returned as requested.

The applicable subheading for Item #56-34659, “Hanging Halloween Decorations” assortment, and Item #56-34693, “Cotton Batting Basket” assortment, 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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