The tariff classification of Halloween wooden wall plaques from China

N128655 November 1, 2010 CLA-2-95:RR:OT:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Mr. Troy D. Crago-Edwards Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of Halloween wooden wall plaques from China Dear Mr. Crago-Edwards: In your letter dated October 15, 2010, you requested a tariff classification ruling. You submitted three samples of Halloween wall plaques identified as item number A079FA03484. The plaques consist of carved wooden letters that spell the words “Boo!”, “Beware” and “Spooky”, respectively, and have a wire loop on top for hanging. The “Boo!” Plaque measures approximately 5-5/8” in height x 11” in length x ½” in thickness, with a greenish-yellow glitter facing on the letters. Attached to the top of the letters is a black metal spider positioned, as if crawling, along a black spider web. Two silver metal “bells” are attached inside each letter “o” in the word “Boo!” The “Beware” Plaque measures approximately 5-5/8” in height x 11-1/2” in length x ½” in thickness, with a purple glitter facing on the letters. Attached to the top of the letters is a black metal spider positioned, as if crawling, along a black spider web. Two gold metal “bells” are attached inside the letter “B” in the word “Beware.” The “Spooky” Plaque measures approximately 5-5/8” in height x 11-1/2” in length x ½” in thickness, with an orange glitter facing on the letters. Attached to the top of the letters is a black metal spider positioned, as if crawling, along a black spider web. Two purple metal “bells” are attached inside each letter “o” in the word “Spooky.” The Halloween wooden wall plaques will be marketed shortly before Halloween, specifically as decorations for Halloween, and will be removed from store shelves the day after Halloween. The applicable subheading for the Halloween wall plaques identified as item number A079FA03484 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), 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. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/. 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 Wayne Kessler at (646) 733-3026. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division