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NY L86074





July 7, 2005

CLA-2-95:RR:NC:SP:225 L86074

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.2000

Ms. Nancy A. Dominioni
Penguin Group (USA) Inc.
405 Murray Hill Parkway
East Rutherford, NJ 07073-2136

RE: The tariff classification of “Christmas Tree Magic” from China.

Dear Ms. Dominioni:

In your letter dated June 27, 2005, you requested a tariff classification ruling.

You submitted a sample of “Christmas Tree Magic” identified as ISBN 1-59609-022-7, which is a kit that includes a pair of cardboard glasses with plastic lenses, two green holographic star ornaments, one red plastic square, one blue plastic square, a plastic 1-1/2” kaleidoscope, 6 optical illusion cards, and a 64 page booklet for performing various magic tricks and optical illusions. The articles are packaged together inside an illustrated cardboard box.

Although you suggest classification as a book (Chapter 49 of the Harmonized Tariff Schedule), the book is essentially an instructional manual on how to perform the magic tricks with the accompanying accessories. Therefore, the kit will be classified in Chapter 95 of the Harmonized Tariff Schedule under “Magic tricks and practical joke articles; parts and accessories thereof."

The applicable subheading for “Christmas Tree Magic” identified as ISBN 1-59609-022-7 will be 9505.90.2000, 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: Magic tricks and practical joke articles; parts and accessories thereof." 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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