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NY N006658




February 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

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

RE: The tariff classification of a “25IN Chain Fence” from China.

Dear Ms. Aldinger:

In your letter dated February 1, 2007, you requested a tariff classification ruling.

You submitted a sample of a “25IN Chain Fence” identified as item number 951375, which is being returned upon your request.

The article consists of a pair of skulls that measure approximately 6-1/2” in height and 4” in diameter and are attached to a fake rusty chain that measures approximately 25” in length. Each skull is wearing an eye patch and attired in a textile bandana to resemble a pirate, and has a lawn stake that measures approximately 9” in length attached beneath its chin for impaling into the ground. This decorative article will also be imported in a fake ivory skeleton style.

The “25IN Chain Fence” is a purely decorative article that is being marketed and sold to decorate the front of the home to help create a scary environment for the Halloween holiday.

The applicable subheading for the “25IN Chain Fence” identified as item number 951375 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 Wayne Kessler at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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