CLA-2-95:S:N:N6:343 885292

Ms. Lori Aldinger
Import Coordinator
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a "Plastic Nutcracker Christmas Ornament" from China.

Dear Ms. Aldinger:

In your letter dated April 16, 1993, you requested a tariff classification ruling.

The sample submitted is a "Plastic Nutcracker Christmas Ornament", Style #94572. It measures approximately 4 3/4 inches tall with a gold loop at the top of the head for ease in hanging from a Christmas tree.

The applicable subheading for the "Plastic Nutcracker Christmas Ornament" will be 9505.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: Other: Other. The rate of duty will be 5 percent ad valorem.

This ruling is being issued voter the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


Jean F. Maguire
Area Director
New York Seaport