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NY K86552

June 14, 2004
CLA-2-95:RR:NC:SP:224 K86552


TARIFF NO.: 9503.49.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011

RE: The tariff classification of “Halloween Plastic Stretch Creatures “ from China

Dear Ms. Aldinger:

In your letter received June 1, 2004, you requested a tariff classification ruling.

You submitted descriptive literature and product samples with your request. The subject merchandise is item #935489, known as “Halloween Plastic Stretch Creatures”, and consists of a retail package that contains six creatures. The packs are in assorted colors, two each of orange, green and black. There are three types of creatures: spiders, rats and skeletons, but the packs are assorted to contain six of a particular style. These items are toys, and will be used accordingly, although they are packaged as Halloween products.

The applicable subheading for the “Halloween Plastic Stretch Creatures” will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys: Toys representing animals or non-human creaturesand 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.


Robert B. Swierupski

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