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NY J85047




June 5, 2003

CLA-2-95:RR:NC:SP:225 J85047

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of an illuminated Christmas train frame from China.

Dear Mr. Hoffacker:

In your letter dated April 21, 2003, on behalf of your client Big Lots Stores, Inc., you requested a classification ruling.

The submitted photograph depicts an Ultra Burst Christmas Train Illuminated Frame, identified as item number ES69-369. The train measures 69” long by 22” high and it is filled with Christmas presents, candy cane and a decorated Christmas tree. The coated wire frame is fashioned with foldable construction. Three hundred ultra burst lights are attached to the frame. The train includes a speed control box for operating the wheel motion lights. This product is designed for indoor and outdoor use.

The applicable subheading for the illuminated Christmas train frame will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive...articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: 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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