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NY 877642

September 17, 1992

CLA-2-95:S:N:N3D:225 877642


TARIFF NO.: 9503.90.6000

Ms. Marla Bank
Toymax, Inc.
200 Hicks Street
Westbury, New York 11590

RE: The tariff classification of a toy gun from China

Dear Ms. Bank:

In your letter dated August 3, 1992, which was received in this office on August 24, 1992, you requested a tariff classification ruling.

A sample of a toy gun called "Pop Bazooka", item number 3001, was submitted with your inquiry. The toy gun is made of molded plastic and is designed to accomodate two types of nozzles; one of which fires foam balls and the other soft plastic darts. The gun operates via air pressure force by pulling back and releasing a plunger mechanism. The "Bazooka" is colored bright orange and black. The dart nozzle is entirely yellow and the ball nozzle is yellow with a transparent tube having the capacity to hold three colorful foam balls. Although the gun is intended to be used with one of the nozzles attached to the barrel it clearly has play use without them.

The muzzle end of the barrel (without attachments) is a bright orange color which extends 23 mm on both the exterior and interior surface of the barrel. The gun measures no more than 44 cm in length and 18 cm in height. The article will be imported on a blister card with two nozzle attachments, three foam balls, six soft plastic darts and four plastic targets. The applicable subheading for the "Pop Bazooka", item number 3001, will be 9503.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The duty rate will be 6.8 percent ad valorem.

It would appear that item number 3001 "Pop Bazooka" meets the marking requirements of Public Law 100-615; 15 U.S.C. 5001; 15 CFR Part 1150; Federal Register Vol. 54, No. 86, pp 19358 (May 5, 1989). The Department of Commerce has final authority in this matter. For further information, please consult with Dr. Stanley Warshaw or Walter G. Leight, Department of Commerce, (301) 975- 4000.

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

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