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NY L80591




November 1, 2004

CLA-2-71:RR:NC:SP:233 L80591

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.7500

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

RE: The tariff classification of a flashing star necklace from China.

Dear Ms. Aldinger:

In your letter dated October 20, 2004, you requested a tariff classification ruling.

The merchandise to be imported is identified as “Flashing Star Try Me” item #938030. The item is a luminous star suspended from a textile cord that comes in four colors: red, yellow, blue and purple. It is translucent with flashing colored lights inside. An on/off switch in the center of the star allows the user to activate and deactivate the light. The textile cord facilitates use of the item as a necklace. The item is composed of 40% plastic, 25% LED light and battery, 25% IC chip and 10% string. You have submitted two samples with your request.

The applicable subheading for the flashing star necklace/key chain will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” 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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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