CLA-2-95:RR:NC:SP:225 I82507

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

RE: The tariff classification of “Spray Snow w/Stencils – Glow in the Dark – 5 oz.” from Belgium.

Dear Ms. Aldinger:

In your letter dated May 9, 2002, you requested a tariff classification ruling.

The sample submitted, Item #929794, “Spray Snow w/Stencils – Glow in the Dark – 5 oz.”, consists of a five ounce can of “spray snow” that creates temporary decorations by coating a surface with a glow in the dark spray. Paper stencils of various motifs accompany the product. The spray snow is water removable and the effect will fade over time.

The applicable subheading for Item #929794, “Spray Snow w/Stencils – Glow in the Dark – 5 oz.”, will be 9505.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles: Confetti, paper spirals or streamers, party favors and noisemakers; parts and accessories thereof. 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