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NY J82703




April 18, 2003

CLA-2-85:RR:NC:1:112 J82703

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. Ed Shelleman
Everstar
9520 Gerwig Lane
Columbia, MD 21046

RE: The tariff classification of animated representations from China

Dear Mr. Shelleman:

In your letter, which was received by this office on March 20, 2003, you requested a tariff classification ruling.

As indicated by the submitted sample, the merchandise in question consists of electrically animated representations of various animals such as a flamingo, a turtle, a grasshopper, etc. Each item consists of a mesh frame in the shape of the particular animal and small lights designed to highlight the shape of the animal.

The applicable subheading for the animated representations will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

In your request, you refer to classification under subheading 9505.10.5020, HTS. This subheading provides for articles for Christmas festivities and parts and accessories thereof: Other: Other. The representations of the various animals included in this ruling request are not considered articles for Christmas festivities and, accordingly are precluded from subheading 9505.10.5020, HTS.

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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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