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NY N009602




April 24, 2007

CLA-2-95:RR:NC:2:224

TARIFF NO.: 9503.00.0080

Mr. Garth Pauley
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, OH 44236

RE: The tariff classification of Boo!ville TM Child Pirate Hat and Accessories, Article Number 788-7755, from China

Dear Mr. Pauley:

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

The samples submitted, Boo!ville TM Child Pirate Hat and Accessories, Article Number 788-7755, consist of two sets. The first set consists of a child’s pirate hat made up of 100% EVA black plastic and a 100% plastic toy sword. The second set consists of a child’s pirate hat made up of 100% EVA black plastic, a 100% plastic toy hook, a 100% plastic eye patch with an elastic string attached and a 100% plastic toy clip-on earring.

The applicable subheading for the Boo!ville TM Child Pirate Hat and Accessories, Article Number 788-7755, will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tricycles, scooters, pedal cars other toys parts and accessories thereofOther. The rate of duty will be Free.

The above articles do not meet the criteria for classification under HTS# 9505.90.6000, because they do not posses garments.

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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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