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NY B85650




August 13, 1997

CLA-2-39:RR:NC:SP:222 B85650

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.40.0000

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

RE: The tariff classification of a plastic Halloween revolving musical box from China.

Dear Ms. Locke:

In your letter dated May 14, 1997, received in this office on May 20, 1997, you requested a tariff classification ruling.

The submitted sample is identified as item #8159HY-Halloween Revolving Musical Box. Customs laboratory analysis indicates that this product consists of plastic materials and a filler. In your letter of inquiry, you requested that the sample be returned to you. This sample was destroyed during the laboratory analysis.

The applicable subheading for the plastic Halloween Musical Box 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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