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NY K82917




February 13, 2004
CLA-2-63:RR:NC:N3:351 K82917

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Wendy Lawson
Customs and Cost Import Analyst
Sears Roebuck and Company
3333 Beverly Road
D5-256B
Hoffman Estates, IL 60179

RE: The tariff classification of textile/resin male fairy from Thailand

Dear Ms. Lawson:

In your letter received on February 3, 2004, you requested a tariff classification ruling.

The first sample submitted, identified as Stock #84003, is a 12” male fairy. It is purely decorative in nature, not a doll or plaything. It has a resin head and hands, a polyester body with wire in the arms and legs. It is wearing a polyester yellow top and tights with fabric green leaf pants and booties, which are permanently attached. It has wings that are wire frames covered with nylon fabric. It is wearing a textile artificial flower hat and is holding a textile artificial flower. The essential character is imparted by the textile components.

The applicable subheading for Stock #84003 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

The sample will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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