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NY L85600




June 15, 2005

CLA-2-95:RR:NC:SP:225 L85600

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Joanne Harmon
CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a 5’ Talking Staff from China.

Dear Ms. Harmon:

In your letter dated March 28, 2005, you requested a tariff classification ruling.

You submitted a sample of a 5’ Talking Staff identified as item number 321082, which consists of four gray plastic poles that screw together into an adjustable “staff” that measures 60” when fully extended. A plastic Frankenstein monster head that measures approximately 4” on all sides can be screwed onto the top of the staff. The staff is motion activated and when the on/off button is depressed, movement will cause the Frankenstein monster’s eyes to glow green and its mouth to move and say “Happy Halloween.” You indicate that the staff will also be imported in a style that has a screw-on skull that utters “Trick or Treat” when activated. Each staff is packaged in its own illustrated cardboard box and is powered by three “AA” batteries that are included. The article is intended for use in trick or treating where a child in costume visits their neighbors and extends the "talking staff”, has it say “Trick or Treat” or “Happy Halloween” and receives a small "treat" such as candy, in recognition of their dressing up for Halloween.

Your sample is being returned as requested.

The applicable subheading for the 5’ Talking Staff identified as item number 321082 ill 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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