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NY K86151

May 20, 2004
CLA-2-95:RR:NC:SP:225 K86151


TARIFF NO.: 9505.90.6000

Mr. Randy Williams
Seasons USA, Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of a pumpkin from China.

Dear Mr. Williams:

In your letter dated May 4, 2004, you requested a tariff classification ruling.

You submitted a photograph of an 11” Pumpkin Sun-Catcher with UL Plug In identified as style number 19181. The item is an 11” pumpkin with a jack-o’-lantern face that is made of 100% ethylene vinyl acetate (EVA) with a lamp base that is made of 100% acrylonitrile butadiene styrene (ABS) plastic. When plugged into an electrical outlet, the jack-o’-lantern’s face is illuminated. The item is intended as a decoration for the home for the Halloween holiday.

The applicable subheading for the an 11” Pumpkin Sun-Catcher with UL Plug In identified as style number 19181 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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