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NY J89593




October 6, 2003

CLA-2-95:RR:NC:SP:225 J89593

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Alan Morgan
WalMart Stores, Inc.
Mail Stop #0410-L-32
601 North Walton
Bentonville, ARK 72716-0410

RE: The tariff classification of a “Fuzzy Chick Pick” from China.

Dear Mr. Morgan:

In your letter dated September 29, 2003, you requested a tariff classification ruling.

You submitted a sample of a “Fuzzy Chick Pick” identified as style number 8046. The item consists of a polyfoam chick emerging from a decorated eggshell half that is attached to a bamboo shaft. The chick is covered in yellow feathers, has two small black eyes, an open orange beak and measures approximately 1-1/2 inches in height. The eggshell measures approximately 1-1/2 inches in diameter and is colored in bands of pink, white, green and yellow. The bamboo shaft measures approximately 9 inches in length and 1/8 inch in diameter and has an attached pink ribbon. You indicate in your letter that the bamboo shaft will be replaced by wire in its imported condition. The item, which serves no functional purpose, is strictly a decoration featuring an accepted motif or symbol (decorated egg) for Easter.

Your sample is being returned upon your request.

The applicable subheading for the “Fuzzy Chick Pick” identified as style number 8046 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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