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NY M80135





January 31, 2006

CLA-2-95:RR:NC:SP:225 M80135

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of “Halloween Screechers” from China.

Dear Ms. Aldinger:

In your letter dated January 18, 2006, you requested a tariff classification ruling.

You submitted a sample of “Halloween Screechers” identified as item number 944899. The item is a 100% polyvinyl chloride ball with a creature’s face that measures approximately 3” in diameter. The ball emits a screech whenever its caught or squeezed and also glows in the dark. The toy ball is intended to provide frivolous indoor/outdoor amusement and will be sold on an attached illustrated hangtag. It will be imported in two creature styles.

The applicable subheading for the “Halloween Screechers” identified as item number 944899 will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; 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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