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NY K82041

December 29, 2003

CLA-2-63:RR:NC:N3:351 K82041


TARIFF NO.: 6307.90.9889

Ms. Lorianne Aldinger
Import Manager
Rite Aid Corp.
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of fabric butterflies from China.

Dear Ms. Aldinger:

In your letter dated Dec. 16, 2003, you requested a ruling on tariff classification.

You submitted two samples of fabric butterflies, item 935035. The body of each butterfly is constructed of a piece of foam covered in knit nylon fabric. The wings are constructed of the fabric stretched over a wire frame and spray painted in bright colors. Each is approximately 9 ½” across and 8” tall. They are designed to decorate a garden or other location; wires on the back allow them to be attached to a bush or other area.

The applicable subheading for the fabric butterflies will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, other. The general rate of duty in 2003 and 2004 will be seven percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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