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NY L85409





June 14, 2005

CLA-2-63:RR:NC:N3:351 L85409

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Joanne Harmon
Customs Compliance Assistant
CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a “Fiber Optic Snowman” from China

Dear Ms. Harmon:

In your letter dated June 3, 2005, you requested a tariff classification ruling.

The submitted sample is identified as a “Fiber Optic Snowman” (CVS item number 299501). This decorative snowman is 14” in height and is adorned with a cap, scarf, and mittens. The snowman’s head is made of styrofoam that is covered with felt. The body and arms are made of wire and are also covered with felt. The item has decorative lights that are illuminated by three AA batteries. The snowman does not emit enough light to be considered a decorative light.

The applicable subheading for the Fiber Optic Snowman will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

The sample will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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