CLA-2-95:RR:NC:2:225 I82406

Jeff Waters, Sales Director, Seasonal Products
New Vision by Mario Chiodo
A Division of Leisure Arts, Inc.
P.O. Box 55595
Little Rock, AR 72215-5595

RE: The tariff classification of five Halloween items from China.

Dear Mr. Waters:

In your letter dated April 25, 2002, you requested a tariff classification ruling.

You are requesting the tariff classification on five Halloween decorative products. The first item is designated # 58021, Dragon Element. It is a three-dimensional depiction of a scary dragon creature with lights. The second item called Witch Door Creature is item # 58042, a printed three-dimensional door decoration with lights. The third product, Headless Door Creature, item # 58044, is a printed three-dimensional door décor item, also with lights. The fourth item is called Medusa Lisa Print, item # 58047. It is wall art that is appropriate for the Halloween season. The fifth item, # 58048, is named Flying Witch, and it is a hanging home decoration constructed of cardboard frame, synthetic hair, PVC and polyester fabric. All of the foregoing items will be classified in Chapter 95 as other entertainment articles. Illustrations were submitted, in lieu of samples.

The applicable subheading for the four Halloween products, item #s: 58021, 58042, 58044, 58047 and 58048, 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division