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NY J84575




May 23, 2003

CLA-2-95:RR:NC:SP:225 J84575

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a “Fright Frame” from China.

Dear Ms. Santos:

In your letter dated May 8, 2003, you requested a tariff classification ruling.

You have submitted a sample of a “Fright Frame” identified as item number 241272. The item is a light activated scary face within a plastic picture frame that is powered by three AA batteries. The frame measures approximately 14 inches in height x 1-1/2 inches in thickness x 14 inches in length. In the center of the frame is a plastic scary face covered in a black textile “curtain.” When a person walks past the frame, the face pops out of the frame and the eyes flash red. These actions are accompanied by a spooky sound. The item is designed to decorate the home for the Halloween holiday and create a scary environment.

Your sample is being returned as requested.

The applicable subheading for item number 241272, “Fright Frame”, 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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