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NY L85657




June 20, 2005

CLA-2-95:RR:NC:SP:225 L85657

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500; 6307.90.9889

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of Booty Shaker Santa/Snowman from China.

Dear Ms. Santos:

In your letter dated June 8, 2005, you requested a classification ruling.

The submitted samples are identified as assortment number 299671, Booty Shaker Santa and Booty Shaker Snowman. The Santa and the snowman stand on a plastic round base that has a compartment underneath that holds four “AA” batteries included with the samples. The push button on the front of the base operates the on/off function for the Booty Shaker Santa and Snowman.

The Booty Shaker Santa is dressed in the red and white suit and hat. He is holding a candy cane and dances and shakes to the song “Get Ready For This”.

The Booty Shaker Snowman is dressed in white plush fabric with two black pom poms down the middle. His outfit includes a green vest trimmed in white plush fabric, red mittens, a black hat adorned with a red ribbon and holly berries, a red/blue/green scarf with three bells and white fringe. He dances and shakes to the song “Sure I Can SingBut Boy Can I Dance”.

The samples are returned as you requested.

The applicable subheading for assortment number 299671, the Booty Shaker Santa will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be free.

The applicable subheading for assortment number 299671, the Booty Shaker Snowman will be 6307.90.9889, HTS, which provides for other made-up textile articles, other. The rate of duty will be 7 percent ad valorem.

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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