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NY L82750




March 8, 2005

CLA-2-71:RR:NC:SP:233 L82750

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.7500

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a Light-Up Flashing Badge from China.

Dear Mr. Crago:

In your letter dated February 24, 2005, you requested a tariff classification ruling.

You have submitted three samples of Item W079AA09264 Light-Up Flashing Badge. The face of each badge is made of plastic and measures 1” in diameter. Affixed to the back of each badge is a battery operated electronic module utilizing two button cell batteries. Attached to the electronic module is a magnetic disk that is used to affix the badge to clothing. Each badge is attached to a card that reads “Halloween Flashing Pin” and is packed in a plastic blister pack for retail sale. The badges are available in four styles: pumpkin, skull head, ghost and bat. The essential character of the badges is imparted by the plastic component.

The applicable subheading for the Light-Up Flashing Badge 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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