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NY L83123




March 18, 2005

CLA-2-95:RR:NC:SP:225 L83123

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 Remote Control Spooky Sounds from China.

Dear Ms. Aldinger:

In your letter dated February 10, 2005, you requested a tariff classification ruling.

You submitted a sample of Remote Control Spooky Sounds identified as item number 940003. The item consists of a hand-held remote control plastic device with activation button and a separate sound effects plastic unit that measures approximately 4-1/2” in height x 1-1/4” in thickness x 3” across. The sound effects unit contains 7 pre-recorded messages of a sinister voice yelling “Happy Halloween”, a sinister voice yelling “BOO!“ followed by laughter, and assorted wolf howls, cat screeches, dog growls, monster moans, and screams. These effects can be projected up to 50 feet and through walls. The remote control unit will be hidden by the front door of a home and activated unseen via the remote control device to frighten trick-or-treaters on Halloween. The item will be packaged on a hanging blister card, and is intended to create a scary environment for the home on Halloween

Your sample is being returned as requested.

The applicable subheading for the Remote Control Spooky Sounds identified as item number 940003 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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