CLA-2-95:RR:NC:SP:225 J83263

Jenny Davenport
Wal*Mart Stores, Inc.
Wal-Mart Logistics
Mail Stop #0410-L-32
601 N. Walton
Bentonville, Ark. 72716-0410

RE: The tariff classification of Three Santa Hats from China

Dear Ms. Davenport:

In your letter dated April 8, 2003 you requested a tariff classification ruling.

Assortment #0408040WM has two styles. The difference between the styles is the color. One is red velvet and the other is burgundy velvet. Both have a leopard print cuff and white pom. The third item, 0402079WM, is a red plush Santa hat with a black cuff and pom.

Your samples are returned as your requested.

The applicable subheading for the three Santa Hats, #0408040WM and #0402079WM will be 9505.10.2500, 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: Articles for Christmas festivities and parts and accessories thereof: Christmas ornaments: 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 J. Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division