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NY L82717





March 14, 2005

CLA-2-95:RR:NC:SP:225 L82717

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

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

RE: The tariff classification of a “Creepy Cloth” from China.

Dear Ms. Aldinger:

In your letter dated February 18, 2005, you requested a tariff classification ruling.

You submitted a sample of a “Creepy Cloth” identified as item number 940168, which is packaged in a polybag with an illustrated cardboard insert. The item consists of a 100% woven polyester black cloth that measures approximately 30 inches in width x 2 yards in length. The cloth has jagged holes and tears that suggest an ancient, creepy, torn curtain. It is designed to hang from a doorway, a window, or a ceiling as an eerie home decoration for the Halloween holiday.

Your sample is being returned as requested.

The applicable subheading for the “Creepy Cloth” identified as item number 940168 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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