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NY K85074




April 19, 2004
CLA-2-63:RR:NC:N3:351 K85074

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

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

RE: The tariff classification of standing Santa Elf Fairies from China

Dear Mr. Hoffacker:

In your letter dated April 8, 2004, you requested a tariff classification ruling on behalf of Big Lots Stores, Inc.

The first item in question is Item #A2721, which is a 12” fabric Standing Santa Elf Fairy on a wooden base. It is constructed of fabric, porcelain, and features a wooden base.

The second piece in question is identified as Item #A2724. It is an 18” fabric Standing Santa Elf Fairy on a wooden base. It is constructed of fabric and porcelain and features a wooden base.

The third piece is Item #A2722. It is a 16” fabric Sitting Santa Elf Fairy. The item is constructed of fabric and polyresin.

The fourth item in question is Item #A2723. It is a 16” fabric Standing Elf Fairy on a wooden base. It is constructed of fabric, polyresin, and wood.

All have wings.

The applicable subheading for the Fairies 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.

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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