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NY M85622




August 04, 2006

CLA-2-92:RR:NC:MM:114 M85622

CATEGORY: CLASSIFICATION

TARIFF NO.: 9208.10.0000

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

RE: The tariff classification of the 100MM Nativity Waterglobe Polyresin with a wind up music box from China

Dear Ms. Aldinger:

In your letter dated July 28, 2006, you requested a tariff classification ruling. You have submitted samples of the 100MM Nativity Waterglobe Polyresin with your ruling request.

Item number 945575 for which you are requesting a ruling is identified as the 100MM Nativity Waterglobe Polyresin. The item is a waterglobe with a wind up music box in the base of the waterglobe. 100MM Nativity Waterglobe Polyresin is available in three styles. Each style consists of a waterglobe that features a three-dimensional nativity scene and a wind-up music box that plays “Silent Night”. You have indicated that each item is composed of 85 percent polyresin, 10 percent glass and 5 percent pure water. Each waterglobe is approximately 4¼ inches in height. You have indicated that the 100MM Nativity Waterglobe Polyresin will be made in China.

Your samples are being returned as requested.

The applicable subheading for the 100MM Nativity Waterglobe Polyresin with wind up music boxes will be 9208.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for music boxes, fairground organs, mechanical street organs, mechanical singing birds, musical saws and other musical instruments not falling within any other heading of this chapter: music boxes. The rate of duty will be 3.2 percent ad valorem.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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