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NY N006666




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 “Dropping Head” from China.

Dear Ms. Aldinger:

In your letter dated February 6, 2007, you requested a tariff classification ruling.

You submitted a sample of a “Dropping Head” identified as item number 953032, which is being returned upon your request.

The article consists of a battery powered detached fake female human head with bulging eyeballs that is made of plastic with fabric hair, and measures approximately 7” in height and 5” in diameter. When an unsuspecting person approaches, motion sensors activate the head so that the head bobs up and down, as its eyes light up and screams emanate from its moving lips.

The fake head has a metal hanging loop on top and will be marketed and sold as a decoration to be hung on the front door of a home to help create a scary environment for the Halloween holiday.

The applicable subheading for the “Dropping Head” identified as item number 953032 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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