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NY N006688




February 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

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

RE: The tariff classification of “Freaky Fabric Asst.” imported from China.

Dear Ms. Aldinger:

In your letter dated February 6, 2007 you requested a tariff classification ruling.

“Freaky Fabric Asst.”, (951514), is imported in green, black or white. The fabric is 9 feet in length and 28” wide. The fabric’s staple fibers have been dyed and the fabric is comprised of polyester and cotton. “Freaky Fabric Asst.” has jagged holes and tears that suggest a scary torn curtain. “Freaky Fabric Asst.” is purely decorative and is designed to hang from a doorway, a window, or a ceiling to help create an eerie home environment for the Halloween holiday. The article is packaged on an illustrated cardboard header card.

The applicable subheading for the “Freaky Fabric Asst.” (951514), 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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