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NY C81130

November 19, 1997

CLA-2-95:RR:NC:SP:225 C81130


TARIFF NO.: 9505.90.4000

Mr. Harry J. Spriggs
(Interactive Distribution)
2455 East Glencove
Mesa, Arizona 85213

RE: The tariff classification of "Party Poppers" from Switzerland

Dear Mr. Spriggs:

In your letter dated October 23, 1997 you requested a tariff classification ruling.

A large and small size version of the "Party Poppers" were submitted with your inquiry. Each item consists of a cardboard tube with plastic covers at either end. Inside the tube is an assortment of small party-related items such as balloons, noisemakers, eye masks, false noses, etc. Although the contents of each "Party Popper" may vary, they will remain of the kind mentioned herein. The tubes are designed to "pop" open via a small lightable fuse attached to one end. Upon detonation of the fuse the article's contents are propelled into the air.

You have indicated that the items will be used at parties in the celebration of birthdays, anniversaries, New Year's, etc. Based on their construction and intended use, the "Party Poppers" are considered entertainment articles of Chapter 95.

The applicable subheading for the "Party Poppers" will be 9505.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles: confetti, paper spirals or streamers, party favors and noisemakers; parts and accessories thereof. The rate of duty will be free.

For your information, the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Please ensure that these requirements are satisfied.

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 J. Wong at 212-466-5538.


Robert B. Swierupski

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