The tariff classification of "Brain Storms"™ from China.

NY I89925 January 30, 2003 CLA-2-95:RR:NC:SP:225 I89925 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. Joseph Stinson Liss Global, Inc. 7746 Dungan Road Philadelphia, PA 19111 RE: The tariff classification of “Brain Storms”™ from China. Dear Mr. Stinson: In your letter dated January 22, 2003, you requested a tariff classification ruling. The submitted photographs and sample, Item #931816, “Brain Storms”,™ consists of an assortment of four designs of plastic three-dimensional heads (“Monster”, “Skull”, “Alien” and “Mad Scientist”) that have a glass globe sitting on top of the open skull in lieu of a brain. When the unit is plugged in and switched to the “on” position, a shaft in the center of the globe lights up and sends purple light beams bouncing off the inside of the glass globe. By touching any part of the globe, the user can transform the patterns of light into lightning storms. The Monster design depicts the green faced “Frankenstein” Monster with gray electrodes attached to his neck. The Skull design depicts a grinning human skull. The Alien design depicts a green faced creature with large oblong eyes. The Mad Scientist design depicts a leering man with an oversized bulging green left eye. All of the plastic heads measure approximately 5-1/2 inches in height and 3-1/2 inches in width, with the glass globe measuring approximately 4-1/2 inches in diameter. You indicate in your letter that the assortment will be marketed and sold for the Halloween holiday. Your sample is being returned as requested. The applicable subheading for Item #931816, “Brain Storms”™ assortment (“Monster”, “Skull”, “Alien” and “Mad Scientist”), 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