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NY N025472




April 24, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.00.0080; 3923.21.0095; 4911.91.4040; 9208.90.0080

Ms. Sandy Wieckowski
Expeditors Tradewin, LLC
1101 Metro Airport Center Drive
Building M2, Suite 110
Romulus, MI 48174

RE: The tariff classification of Thomas & Friends Party Favor Pack from China

Dear Ms. Wieckowski:

In your letter dated March 27, 2008, you requested a tariff classification ruling, on behalf of Hallmark Cards, Inc.

The merchandise that is the subject of your binding ruling request is identified as the Thomas & Friends Party Pack. The Party Pack is a 48 piece assortment of party novelties. The product is identified as sku# 1TPE2136. The party pack includes the following: 8 open polyethylene treat sacks measuring 6.5” in width x 9” in length, 8 paper activity sheets, 8 paper jumbo stickers, 8 plastic toy tops, 8 small whistles, and 8 toy kaleidoscopes. The samples will be returned, as requested.

The applicable subheading for the 8 plastic tops and the 8 kaleidoscopes of the Thomas & Friends Party Pack will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys...dolls, other toyspuzzles of all kinds; parts and accessories thereofOther”. The rate of duty will be free.

The applicable subheading for the 8 activity sheets and 8 jumbo stickers will be 4911.91.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other printed matter, including printed pictures and photographs: Other: OtherOther”. The rate of duty will be free.

The applicable subheading for the 8 polyethylene treat sacks, which are packaged together, will be 3923.21.0095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Sacks and bags (including cones): Of polymers and ethyleneOther: Other”. The rate of duty will be 3% ad valorem.

The applicable subheading for the 8 whistles will be 9208.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Music boxes, fairground organsdecoy calls of all kinds; whistles, call horns and other mouth-blown sound signaling instruments: OtherOther”. The rate of duty will be 5.3% 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 James Forkan at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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