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NY N022260




January 30, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.4000

Mr. Ernesto Ortiz de Montellano
More Fiesta
Socrates #333 Fracc. Hercules
Guadalupe, Mexico NL 67120

RE: The tariff classification of “Metallic Blowouts” (no item #) from Mexico

Dear Mr. Ortiz de Montellano:

In your letter dated January 22, 2008, you requested a tariff classification ruling.

The “Metallic Blowouts” (no item #) measure approximately 3 1/8” in length when not extended and 10” in length when extended. The “Metallic Blowouts” are made of a paper, also known as metalized polypropylene sheets, which give a shiny effect like a mirror surface. This paper is attached to a 2” in length plastic straw and that is connected to a plastic whistle to complete the “Metallic Blowout”. The “Metallic Blowouts” will be imported in a polybag containing twenty “Metallic Blowouts”.

Once a person blows on the plastic whistle, the “Metallic Blowout” extends 10” in length, displaying a shiny “metallic” paper with different colored stripes on it. The purpose of this would be to help contribute to the fun atmosphere of a party. The “Metallic Blowouts” (no item #), are marketed and sold for parties and festivities.

The applicable subheading for “Metallic Blowouts” (no item #) will be 9505.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Confetti, paper spirals or streamers, party favors and noisemakers; parts and accessories thereof.” 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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