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NY J86923




August 4, 2003

CLA-2-95:RR:NC:SP: 225 J86923

CATEGORY: CLASSIFICATION

TARIFF NO. 9505.10.2500

Ms. Carol Ritchings
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of an action Santa from China.

Dear Ms. Ritchings:

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

The submitted sample is identified as “Action Santa”. Santa is dressed in a plaid shirt, black pants and black shoes. He is wearing a chef’s hat with a white apron. Santa is holding cooking utensils in his hands. He is standing on a box that has the words “MERRY XMAS” printed on the front. The box is designed with an on/off switch and it also houses three “AA” batteries required for operation (batteries not included). “Action Santa” moves his arms, bends up and down, sings and dances when the switch is moved to the on position and the red button is pressed.

The applicable subheading for the “Action Santa” will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: 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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