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NY J86525





July 2, 2003

CLA-2-95:RR:NC:2:224 J86525

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.49.0000

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

RE: The tariff classification of “Creepy Characters Candy Containers” from China.

Dear Ms. Santos:

In your letter dated June 24, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is described as “Creepy Characters Candy Containers” designated as CVS item # 241907. The item number covers an assortment of characters that include a purple Dracula, a green witch, a green Frankenstein and an orange pumpkin. Each style has bendable legs and arms that are attached to a plastic candy dispenser in the shape of one of the creepy characters. There is a hole on the back of each style that allows it to be filled with candy. The candy will not be imported with the toy dispensers. The product will be classified in Chapter 95 of the HTS as other toys representing animals because of its intrinsic play value. The samples will be returned to you, as requested.

The applicable subheading for the “Creepy Characters Candy Containers”, item # 241907, will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toys representing animals or non-human creatures (for example, robots and monsters) and parts and accessories thereof: 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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