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NY N021845




January 29, 2008

CLA-2-63:OT:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

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

RE: The tariff classification of a Halloween basket from China

Dear Mr. Crago:

In your letter dated Jan. 7, 2008, you requested a tariff classification ruling.

You submitted a sample of item number A079NA01012, “Halloween Jack-o-Lantern Collapsible Basket.” It has a frame of iron wire that is covered with woven polyester fabric; a jack-o-lantern face is printed on it. It has a handle made of woven polyester fabric with the words “Trick or Treat” printed on it. It is 8” tall and 6” in diameter. It is not of durable construction and is not suitable for repetitive reuse.

Its apparent use is for children to collect candy. Utilitarian articles are excluded from classification as Festive articles in heading 9505, Harmonized Tariff Schedule of the United States (HTSUS). Chapter Note 95(v) noted.

The sample will be returned as requested.

The applicable subheading for the Halloween Jack-o-Lantern Collapsible Basket will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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