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NY R04638




August 29, 2006

CLA-2-95:RR:E:NC:SP:225 R04638

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Troy D. Crago
Atico International (USA), Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a Halloween Windsock Assortment from China.

Dear Mr. Crago:

In your letter dated August 16, 2006, you requested a tariff classification ruling.

You submitted a photograph of a Halloween Windsock Assortment identified as item number A079FA00003, which consists of three windsocks in the shape of a three-dimensional black cat, jack-o’-lantern and ghost, respectively. Each windsock measures approximately 50” in height and 14” in diameter and is made of polyester, with a steel wire frame inside the head to retain its shape, and a split metal ring fastened to the top of the head for hanging. Long colorful streamers hang down from the black cat and jack-o’-lantern and long white streamers hang down from the ghost. The windsocks are open at both ends allowing wind to pass through. When hung outdoors, the windsocks and streamers sway in the breeze. The windsocks depict recognized symbols of Halloween and will be used to help create a scary home environment for the holiday.

The applicable subheading for the Halloween Windsock Assortment (black cat, jack-o’-lantern and ghost) identified as item number A079FA00003 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/.

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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