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NY 870006

January 14, 1992

CLA-2-95:S:N:N3D:225 870006


TARIFF NO.: 9503.70.8000

Mr. Brian Murphy
Etters International
1537 Park Place
Green Bay, Wisconsin 54304

RE: The tariff classification of a toy set from China

Dear Mr. Murphy:

In your letter dated December 17, 1991, you requested a tariff classification ruling on behalf of your client Petrick's Sales, Inc.

The sample submitted is called a "Pitch & Catch" toy. The set includes two six inch diameter VELCRO pads and one ball. The pads have a plastic backing with VELCRO adjustable straps to secure to the hand. It's intended use is as a throw and catch game, similar to tossing a ball, with the added feature of catching the ball in the velcro pads. The set will be imported packaged in plastic netting.

The applicable subheading for the "Pitch & Catch" toy will be 9503.70.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits: other: other. The duty rate will be 6.8 percent ad valorem.

Additionally, you requested information pertaining to patent or trademark restrictions on the above described article. This inquiry should be addressed to the Intellectual Property Rights Branch, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. Or you may contact the office directly at (202) 566-6956.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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