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NY C89459


July 21, 1998

CLA-2-95:RR:NC:SP:222 C89459

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.10.2500

Mr. Leonard Samartini

Total Port Clearance, Inc.

10 Fifth Street

Valley Stream, NY 11581

RE: The tariff classification of a cover for an upright vacuum cleaner from China.

In your letter dated June 23, 1998, on behalf of Liberty Star, Inc., you requested a tariff classification ruling.

The cover (Model #6311) is composed of polyester fibers. The cover is one in a series of "Dress-A-Vac" figures. When the cover is placed over an upright vacuum cleaner, it simulates the three dimensional form of Santa Claus. The cover is primarily decorative.

The sample is returned as you requested.

The applicable subheading for the cover will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles...Christmas ornaments, other. The rate of duty will be free.

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,


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