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NY R04959





September 29, 2006

CLA-2-95:RR:E:NC:SP:225 R04959

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.90.6000

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

RE: The tariff classification of a Halloween wall plaque decoration from China.

Dear Mr. Crago:

In your letter dated September 25, 2006, you requested a tariff classification ruling.

You have submitted a photograph depicting a Halloween Wall Plaque Decoration identified as item number A079FA01370. The wall plaque measures 8.5 inches wide by 9 inches high. It is designed with three assorted Halloween characters: (a) a witch with welcome sign, (b) a ghost with welcome sign and (c) a jack-o-lantern with welcome sign. The characters are composed of 67 percent polyester fabric with polyester filling. The welcome plaque is composed of 30 percent wood and 3 percent iron hanging wire. This decoration is intended for sale to retail stores for their clients for and during the Halloween holiday.

The applicable subheading for the Halloween Wall Plaque Decoration identified as item number A079FA01370, 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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