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NY M83043




May 17, 2006

CLA-2-95:RR:NC:SP:225 M83043

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

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

RE: The tariff classification of Christmas decorations from China.

Dear Ms. Aldinger:

In your letter dated April 26, 2006, you requested a classification ruling.

The submitted sample is identified as assortment number 946045, Electronic Soldier. This item is a 36” high decorative Christmas themed soldier bear. The bear comes in two assorted styles: Bear with Candy Cane and Bear with Drum and plays the song “Little Drummer Boy.” This product is designed with a motion activated sensor. The mouth synchronizes with the music and the cheeks light up.

This item is purely decorative for the Christmas holiday season. The bear represents the toy soldier from “The Nutcracker”

The applicable subheading for the Electronic Soldier, assortment number 946045, will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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