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NY H88045




February 5, 2002

CLA-2-95:RR:NC:SP:225 H88045

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a Fire Torch – Fake from China.

Dear Ms. Aldinger:

In your letter dated January 25, 2002, you requested a tariff classification ruling.

The submitted sample, Item #999454, Fire Torch – Fake, is a battery operated plastic torch that measures approximately 14-1/2” in height and 3” in diameter at its top, tapering to 7/8” in diameter at its base and is decorated with two gold plastic skulls, a spider, and a bat. When a switch on the handle is pressed, two orange light bulbs in the middle of the torch light up and a small fan starts blowing two pieces of polyester up into the air. This creates the illusion of real flame. The intended use of the product is as a wall mounted Halloween decoration (bracket included), or as a hand held “trick or treat” safety light for children.

The applicable subheading for Item #999454, Fire Torch – Fake, 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 thereof: other: 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 Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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