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NY N003630




November 30, 2006

CLA-2-95:RR:NC:N2:225

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

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

RE: The tariff classification of decorative articles from China.

Dear Mr. Williams:

In your letter dated November 21, you requested a tariff classification ruling.

You have submitted photographs of the following decorative articles.

Style N0270, Life Size Corpse Rattle Head, is a three-dimensional ghoul-like head made of latex with polyester hair and polyester filling material that is attached to steel neck shackles. The decorative article has a hanging loop in the center of the head, which allows the head to be hung on the outside of a home where it will rattle in the wind (or be activated by an adapter) and help create a scary environment for the Halloween holiday.

Style N0271, Life Size Rattle Arms, is a three-dimensional latex skull with a pair of three-dimensional latex arms and hands attached to the side of the skull. The wrists are bound in steel shackles. The decorative article has a hanging loop in the center of the skull, which allows the head to be hung on the outside of a home where it will rattle in the wind (or be activated by an adapter) and help create a scary environment for the Halloween holiday.

Style N0332, Rattling Ralph, is a three-dimensional head and hands made of latex with a polyester filling. The decorative article has a hanging loop in the center of the skull, which allows the head to be hung on the outside of a home where it will rattle in the wind (or be activated by an adapter) and help create a scary environment for the Halloween holiday.

Style N0334, Pirate Rattle Head, is a three-dimensional pirate head made of latex with a cutlass through its head. The decorative article has a hanging loop in the center of the skull, which allows the head to be hung on the outside of a home where it will rattle in the wind (or be activated by an adapter) and help create a scary environment for the Halloween holiday.

Style N0344, Pirate Cleaver Head Without Motor, is a three-dimensional latex bloody head with a meat cleaver plunged into its head. The decorative article has a hanging loop in the center of the skull, which allows the head to be hung on the outside of a home where it helps create a scary environment for the Halloween holiday.

The applicable subheading for style N0270, Life Size Corpse Rattle Head, style N0271, Life Size Rattle Arms, style N0332, Rattling Ralph, style N0334, Pirate Rattle Head, and style N0344, Pirate Cleaver Head Without Motor, will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

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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