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NY N005894




January 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Mr. Joseph Hoffacker:
Barthco Trade Consultants
The Naval Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of item # 22082 (Animated Rat in a Trap), made in China.

Dear Mr. Hoffacker:

In your letter dated January 16, 2007, on behalf of Big Lots Stores, Inc., you requested a tariff classification ruling.

You submitted a sample of item # 22082 (Animated Rat in a Trap), which is being returned upon request to the above address.

Item # 22082 (Animated Rat in a Trap) consists of a rectangular cardboard base with the title “RAT-IN-THE-TRAP” printed on the side of the cardboard. On top of the base is a full size replica of a grey rat with its head caught in the fake metal jaws of the fake trap. The item is battery operated and turned on by pressing the right arm of the rat. Once turned on, the rat’s eye’s light up in red and the body twists from side to side as a sound of screaming is heard from the speaker under the replica mouse trap.

Item # 22082 (Animated Rat in a Trap) is for purely decorative purposes to be used in the home to create an atmosphere of fright during the Halloween holiday, and is packaged in an illustrated cardboard box.

The applicable subheading for item # 22082 (Animated Rat in a Trap), 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/.

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 Wayne Kessler at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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