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NY 812947

August 9,1995

CLA-2-63:S:N:N6:345 812947


TARIFF NO.: 6307.90.9989

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
30 Vessey St. Suite 802
New York, New York 10007 RE: The tariff classification of Stock No. 15050, Easter Bunny from China

Dear Mr. O'Neill:

In your letter dated July 20, 1995, you request a tariff classification ruling on behalf of your client Sterling Supply Company Inc. The request is for Stock No. 15050 Easter Bunny to be imported from The People's Republic of China. The sample submitted with this request is a scarecrow-like figure, approximately 30.5 cm tall with the head of a rabbit. The figure is mounted on a wood base approximately 9.5 cm x 14.0 cm x 4.5 cm which appears to be a half of a log. The figure is clothed in a woven textile fabric shirt and hat and woven jute overalls decorated with three polyfoam carrots and two small woven textile patches. Small lengths of jute cord are tied around the arms, legs and waste. The base is decorated with a large polyfoam carrot, two polyfoam eggs and strips of corn husk. The bottom of the base is covered with a piece of woven jute fabric which is held to it by glue. Strips of corn husk make up the arms and hair of the figure. A bamboo pitchfork is glued to the left arm of the figure.
You believe that Tariff Provision No. 9505.90.6090 is applicable to Stock No.15050. Although it appears that this item you call the "Easter Bunny" is to be used primarily for decorative purposes, it is not traditionally associated with any particular festive occasion. Therefore, classification in this provision is precluded. The applicable subheading for the Stock No. 15050 Easter Bunny will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up articles ... (of textile fabric): Other, Other: Other. The rate of duty will be 7%.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport

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