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NY J87068




August 27, 2003

CLA-2-95:RR:NC:SP: 225 J87068

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.4020

Ms. Leigh Wang
The Disney Store, Inc.
101 North Brand Blvd., Suite 1000
Glendale, CA 91203-2671

RE: The tariff classification of a candy keeper from China.

Dear Ms. Wang:

In your letter dated August 1, 2003, you requested a classification ruling.

The submitted proto type sample is identified as Mickey Christmas deluxe candy keeper. The functional candy keeper is a three-dimensional representation of an accepted symbol of the Christmas holiday season. It is made in the shape of a wrapped Christmas present. The top of the box features Mickey Mouse wearing a Santa type hat and holding a red and white striped candy cane in one hand. His feet are extending on the side of the box. The top of the box is removable and may be filled with candy. Your letter of inquiry states that this plastic item will be imported empty and it will be filled with candy after importation.

The sample is returned as you requested.

The applicable subheading for the Mickey Christmas candy keeper will be 9505.10.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for articles 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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