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NY K88224




July 29, 2004
CLA-2-63:RR:NC:N3:351 K88224

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Craig VerPault
Barthco International, Inc.
C/o CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a musical snowman boy and girl from China

Dear Mr. VerPault:

In your letter dated July 22, 2004, you requested a tariff classification ruling on behalf of CVS Pharmacy of Woonsocket, Rhode Island.

The submitted sample, identified as”10” B/O Animated Musical Interactive Snowman Boy & Girl, on the Snow Field,” (CVS Item #273412), consists of a stuffed snowman and snowwoman on a soft base. Inside of each figure is a battery-powered device that plays a recorded version of “Let It Snow.” When activated, the figures appear to dance while the song plays. You indicate that the item is not a toy, but rather, a winter decoration; in this we concur. The measurements of the piece are 10”L x 3¾”W x 10”H.

The applicable subheading for the snowman boy and girl 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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