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NY K85976




May 19, 2004
CLA-2-95:RR:NC:SP:225 K85976

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of pumpkins from China.

Dear Mr. Williams:

In your letter dated May 4, 2004, you requested a tariff classification ruling.

You submitted photographs of style number 19154, 20” PU Pumpkin with UL Plug In, assortment number 19002, 9” PU Pumpkin with UL Plug In, style number 19024, 23” PU Pumpkin with UL Plug In, and assortment number 19153, 12” PU Pumpkin with UL Plug In. All of the styles depict pumpkins of various sizes with jack-o’-lantern faces that are made of 100% ethylene vinyl acetate (EVA) with lamp bases that are made of 100% acrylonitrile butadiene styrene (ABS) plastic. When the pumpkins are plugged into an electrical outlet, the jack-o’-lantern faces are illuminated. The articles are intended as decorations for the home for the Halloween holiday.

The applicable subheading for style number 19154, 20” PU Pumpkin with UL Plug In, assortment number 19002, 9” PU Pumpkin with UL Plug In, style number 19024, 23” PU Pumpkin with UL Plug In, and assortment number 19153, 12” PU Pumpkin with UL Plug In, 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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