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NY R01293





February 3, 2005

CLA-2-95:RR:NC:SP:225 R01293

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Troy Crago
Atico International, USA
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a Fiber Optic Pumpkin assortment from China.

Dear Mr. Crago:

In your letter dated January 11, 2005, you requested a tariff classification ruling.

You submitted a photograph of a Fiber Optic Pumpkin assortment identified as assortment number C076GA02699. The assortment consists of eight plastic jack-o’-lanterns with various facial expressions and wearing assorted hats with hanging loops. Each jack-o’-lantern has straw hair, wears a checkered cloth kerchief, and is wired with fiber optics. When turned on via an on/off switch on the jack-o’-lantern, the jack-o’-lantern’s features, hair and kerchief change colors. The jack-o’-lanterns are powered by two “AAA” batteries, and are intended to decorate the home for the Halloween holiday.

The applicable subheading for the Fiber Optic Pumpkin assortment identified as assortment number C076GA02699 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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