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NY H83211

July 27, 2001

CLA-2-95:RR:NC:SP:225 H83211


TARIFF NO.: 9505.90.6000

Ms. Jenny Davenport
Wal Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-0410

RE: The tariff classification of a Halloween decoration from China

Dear Ms. Davenport:

In your letter dated June 26, 2001, received in this office on July 3, 2001, you requested a tariff classification ruling.

The submitted article is called a “Haunted Candle” style #21826. The product is an electrically operated plastic candle for indoor use on Halloween. The plastic decoration depicts a melting wax candle on a black candlestick holder. The melting wax is shaped to resemble an elongated scary face. The candleholder incorporates a full jack-o-lantern figure around the stalk portion. A bulb, in the shape of a flame, is illuminated when the unit is turned on. This item is imported in a closed box for retail sale.

It is our determination that the item is designed and marketed in a manner that satisfies the requirements for the festive article provision. Your sample is being returned as requested.

The applicable subheading for the “Haunted Candle”, style #21826, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories

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 212-637-7028.


Robert B. Swierupski

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