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NY N003629





November 30, 2006

CLA-2-95:RR:NC:N2:225

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of decorative articles from China.

Dear Mr. Williams:

In your letter dated November 21, you requested a tariff classification ruling.

You have submitted photographs of the following decorative articles.

Style N0288, Life Size Realistic Brain With Light, is a three-dimensional life-size battery powered polyvinyl chloride (PVC) brain that lights up. The article is intended as a home decoration to help create a scary environment for the Halloween holiday, and will be packaged on a hanging blister card.

Style N0326, Light Up Eerie Color Changing Spooky Skull, is a three-dimensional battery-powered PVC skull that lights up and changes colors. The article is intended as a home decoration to help create a scary environment for the Halloween holiday.

Style N0327, Light Up Eerie Color Changing Spooky Eyeball, is a three-dimensional battery-powered PVC eyeball that lights up and changes colors. The article is intended as a home decoration to help create a scary environment for the Halloween holiday.

Style N0328, Light Up Eerie Color Changing Spooky Pumpkin, is a three-dimensional battery-powered PVC pumpkin with a skull face that lights up and changes colors. The article is intended as a home decoration to help create a scary environment for the Halloween holiday.

Style N0329, Light Up Eerie Color Changing Spooky Eye, consists of a pair of three-dimensional battery-powered twin eyeballs that are molded together and made of PVC that light up and changes colors. The article is intended as a home decoration to help create a scary environment for the Halloween holiday.

The applicable subheading for style N0288, Life Size Realistic Brain With Light, style N0326, Light Up Eerie Color Changing Spooky Skull, style N0327, Light Up Eerie Color Changing Spooky Eyeball, style N0328, Light Up Eerie Color Changing Spooky Pumpkin, and style N0329, Light Up Eerie Color Changing Spooky Eye, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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/.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

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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