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NY K87001




June 16, 2004
CLA-2-95:RR:NC:SP:225 K87001

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Joanne Harmon
CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a “Pumpkin Blinker” from China.

Dear Ms. Harmon:

In your letter dated June 9, 2004, you requested a tariff classification ruling.

You submitted a sample of a “Pumpkin Blinker” identified as item number 273668. The item consists of an orange plastic jack-o’-lantern that measures approximately 3 inches in diameter that is screwed into a black plastic handle that measures approximately 6 inches in length and 1-3/4 inches in diameter. Inside the handle is a metal casing with a tiny bulb. When the jack-o’-lantern is screwed into the handle and turned, the bulb flashes and causes the jack-o’-lantern to blink on and off. The item is not a flashlight and does not function as a flashlight. Instead the item will be marketed and sold as a decoration for the Halloween holiday.

Your sample is being returned as requested.

The applicable subheading for the “Pumpkin Blinker” identified as item number 273668 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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