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NY N008196




March 20, 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 “Jack-O’-Lantern 9in” (item #951954) from China

Dear Ms. Aldinger:

In your letter dated March 8, 2007, you requested a tariff classification ruling.

The “Jack-O’-Lantern 9in” (item #951954) is approximately 9” in diameter and is imported in three assorted styles. Two styles are orange on the outside and black in the Jack-O’-Lanterns defined eyes, nose and mouth. The third style is black on the outside, with orange in the eyes, nose, and mouth. The “Jack-O’-Lantern 9in” (item #951954) includes an electrical corded light inside the item that, when plugged to an ac outlet, emits light through the facial feature openings. The item is mostly comprised of Polyform.

The “Jack-O’-Lantern 9in” (item #951954) is for purely decorative purposes to be used in the home to create a scary atmosphere during the Halloween holiday.

The applicable subheading for the “Jack-O’-Lantern 9in” (item #951954) 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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