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NY K86890





June 17, 2004
CLA-2-63:RR:NC:N3:351 K86890

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Lorianne Aldinger
Import Manager
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of textile musical snowmen from China

Dear Ms. Aldinger:

In your letter dated June 3, 2004, you requested a tariff classification ruling.

The submitted sample, identified as a “Snowmen Animated Musical Pull-up 3”, item #937141, is a musical figure of three snowmen sitting atop one another’s shoulders. Covered with textile fabric, it has a plastic frame and base supported by a metal rod and wires. The textile imparts the essential character to this item. It is approximately 60” tall and is packaged with an electrical adapter. It is white with red and green “apparel” and orange “carrot” noses. The item is motion- and sound-activated to simulate dancing. When activated, the it also plays “Let It Snow.”

The applicable subheading for the textile musical totem figure 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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