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NY A82650



May 15, 1996

CLA-2-39:RR:NC:TP:343 A82650

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000

Mr. Michael Rosbach
Rite Aid Corporation
P. O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a blinking window winker from China.

Dear Mr. Rosbach:

In your letter dated April 15, 1996, you requested a tariff classification ruling.

The submitted sample is a 5 inch blinking window winker, identified as item #960249. It is made of 100 percent plastic. This design is a circular shaped face with brightly colored eyebrows. The item operates on two AA batteries that are held in a plastic case inserted in the back of the window winker. An off/on switch is located on the flat back side. When the switch is turned on, the eyes and eyebrows of the face will light up and blink. A suction cup included with this item may be used to secure the blinking face to a window or some other flat surface. You letter states that this item will be imported in various colors. It will be packaged on a blister card enclosed with plastic. The blinking light is intended to be used in decorating the home for Halloween.

The applicable subheading for the blinking window winker, will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: statuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem.

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 Alice Masterson at 212-466-5892.

Sincerely,

Roger J. Silvestri
Director

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