The tariff classification of Halloween Scene Setters and Window Magic decorations from China.

N211459 April 18, 2012 CLA-2-95:OT:RR:NC:N4:425 CATEGORY: Classification TARIFF NO.: 9505.90.6000 Ms. Lorianne Aldinger Rite Aid P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of Halloween Scene Setters and Window Magic decorations from China. Dear Ms. Aldinger: In your letters dated March 26, 2012, you requested a tariff classification ruling. You submitted the following samples: Scene Setters, Item 9016842, is a 4 x 40 foot decorative roll made of low density polyethylene. The “Mostly Ghostly” design was the sample submitted with your inquiry. It depicts ghosts and bats in a graveyard. According to your letter, the product will be marketed in your Halloween promotional aisle. Window Magic, Item 9016841, contains two polypropylene window decorations measuring 33.5 x 65 inches each. The Jack-O’-Lantern design was the sample submitted with your inquiry. You indicate it is intended to cover a window and the interior light makes the jack-o’-lanterns glow when viewed from outside. According to your letter, the product will be marketed in your Halloween promotional aisle. The applicable subheading for the Scene Setters “Mostly Ghostly” roll and the Window Magic Jack O’ Lantern 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. We cannot rule on your request for the second style Scene Setters roll or the Window Magic skull and zombie styles. We need samples of all the items in question and additional information for the Window Magic zombie style in order to issue a ruling. Please submit the information described below for the Window Magic zombie: Descriptive literature that includes advertising, marketing and packaging material for the item. Indicate the dates the item will be sold. Will it be removed from the store shelves at the end of that time period or allowed to sell out? If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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 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, Thomas J. Russo Director National Commodity Specialist Division