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NY I84510

July 30, 2002

CLA-2-95:RR:NC:SP:225 I84510


TARIFF NO.: 9505.90.6000

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

RE: The tariff classification of a Luminary Rock Monster – 6 Styles from China.

Dear Ms. Aldinger:

In your letter dated July 23, 2002, you requested a tariff classification ruling.

The sample submitted, Item #999474, Luminary Rock Monster – 6 Styles, is a plastic rock that measures approximately 8 inches in height x 4-1/2 inches in width x 8 inches in length with two large translucent oval eyes and a jagged translucent mouth. The rock has a light bulb inside that is activated by plugging an electric cord attached to the bottom of the rock into an electrical outlet, which causes the eyes and mouth to glow orange. The item will be imported in six styles and is designed as a decoration to help create a scary environment for the Halloween holiday.

The applicable subheading for Item #999474, Luminary Rock Monster – 6 Styles, 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.


Robert B. Swierupski

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