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NY N024088




March 5, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia PA 19112

RE: The tariff classification of six assorted Halloween Gel Clings (item #12008902B) from China

Dear Mr. Hoffacker:

In your letter dated February 25, 2008, on behalf of Big Lots Stores, Inc., you requested a tariff classification ruling.

You submitted samples of the six assorted Halloween Gel Clings (item #12008902B), which are being returned upon your request.

The Halloween Gel Clings are imported in an assortment of six sealed bags, sold indivually with cardboard headings, including “Spider and Web”, “Spooky Eye”, “Glow Ghost & Skull & Tomb”, “Bloody Hand & Foot & Eye”, “Pumpkin & Candy Corn”, and “Witch & Moon & Bat”. The gel clings stick to the surface, thereby decorating any surface they cling to.

The Halloween Gel Clings will be used to decorate the home during the Halloween holiday to create an eerie atmosphere.

The applicable subheading for the six assorted Halloween Gel Clings (item #12008902B) 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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