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NY B85396





May 22, 1997

CLA-2-63:G23 B85396

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Ms Tammy Locke
Wholesale Supply Company, Inc.
7100 Service Merchandise Drive
Brentwood, TN 37207

RE: The tariff classification of textile covered Halloween candy holder from China.

Dear Ms Locke:

In your letter written May 10, 1997, you requested a tariff classification ruling.

The sample you submitted is the Talking Halloween Vampire Candy Holder, product code 8158HY. It is comprised of a textile covered paperboard coffin and an attached stuffed vampire. A battery power pack with light sensor provides the vampire with moving arms, flashing red eyes and a spooky greeting. The coffin is 10" long and 3 «" high. On the exterior panel at the foot of the coffin the phrase "Trick or Treat" is printed. The stuffed vampire with its red satin cape is attached at the other end. The novelty item is presumably used for storing candies during the Halloween season.

The applicable subheading for the talking Halloween vampire candy holder will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up articles,...Other: Other: Other...Other. The general rate of duty will be 7 percent.

No textile category is currently assigned to articles classifiable under subheading 6307.90.9989, HTSUSA.

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.

Sincerely,

Jeffrey R. Walgreen,
Port Director

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