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NY L83119

March 17, 2005

CLA-2-95:RR:NC:SP:225 L83119


TARIFF NO.: 9505.90.6000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a Spookytime Light Up Wand from China.

Dear Ms. Aldinger:

In your letter dated February 16, 2005, you requested a tariff classification ruling.

You submitted a sample of a Spookytime Light Up Wand identified as item number 939971. The item is a plastic safety wand approximately twelve inches in length that features a plastic hollow skull with green eyes and open mouth that is screwed on to a green handle. Inside the handle is a metal piece with a mini bulb on the top end and a clip designed to hold two “AA” size batteries, which are included. When the batteries are inserted, it causes the mini bulb to illuminate the skull. The light-up wand does not contain a lens nor is it capable of projecting a beam of light. It is also not designed to amuse. Instead the safety wand is intended to be carried by children at Halloween, and is packaged on an illustrated hanging blister card.

Your sample is being returned as requested.

The applicable subheading for the Spookytime Light Up Wand identified as item number 939971 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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