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NY J81135

February 14, 2003

CLA-2-95:RR:NC:SP:225 J81135


TARIFF NO.: 9505.90.6000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of “Pumpkin Lanterns” from China.

Dear Mr. Hoffacker:

In your letter dated February 5, 2003, on behalf of Big Lots Stores, Inc., you requested a tariff classification ruling.

You submitted two photographs of Item #D28255-FF, “Pumpkin Lanterns”, which is an assortment of three decorative pumpkin shaped lanterns made of tin that have a cutout jack-o-lantern face and cutouts of moons and stars. When a tealight candle is placed inside the lantern, the light emitted from the candle will illuminate the jack-o-lantern face and the other cutouts. Two designs measure approximately 9-1/2 inches in diameter while the third oval design measures approximately 11 inches in height and 8-1/2 inches in diameter. All three designs are intended as decorative articles for the Halloween holiday.

The applicable subheading for Item #D28255-FF, “Pumpkin Lanterns”, 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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