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NY L81723





January 31, 2005

CLA-2-95:RR:NC:SP:225 L81723

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Leah C. Navidad
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of a pail from China.

Dear Ms. Navidad:

In your letter dated January 6, 2005, you requested a tariff classification ruling.

You submitted a sample of “The Incredible Hulk Folding Pumpkin Pail” identified as style number 18137-15. The item is a three-dimensional plastic container that measures approximately 8 inches in height and 5-1/2 inches in diameter and is molded to resemble “The Incredible Hulk’s” head. The container is made in two halves to facilitate shipping. After importation the two halves are rotated to line up and then are snapped together. The halves are also held together at the top by means of projections incorporated in the top handle. Described as a pail, the container will be used during Halloween festivities.

Your sample is being returned as requested.

The applicable subheading for “The Incredible Hulk Folding Pumpkin Pail” identified as style number 18137-15 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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