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NY 881216

January 5, 1993

CLA-2-95:S:N:N8:225 881216


TARIFF NO.: 9503.90.7030

Mr. Michael K. Tomenga
McKenna & Cuneo
1575 Eye Street, N.W.
Washington, D.C. 20005

RE: The tariff classification of a spinning top with launcher from China

Dear Mr. Tomenga:

In your letter dated December 8, 1992, you requested a tariff classification ruling on behalf of your client Alcone Sims O'Brian.

The sample submitted is a spinning top with launcher. The top is made of molded plastic with a cylindrical base. Sitting above the base is a permanently affixed, plastic molded, miniature figure depicting a popular cartoon character. When the top is spun, the figure appears to be riding aboard the top. The launcher consists of a hollow tube with a threaded opening at one end, designed to hold the top, and a coil clockwork spring mechanism located inside the other end. When the top is wound into the launcher the motion also winds the clockwork spring. A plastic plunger is attached to the spring mechanism which, when depressed, releases the top in a spinning motion.

The applicable subheading for the spinning top with launcher will be 9503.90.7030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, having a spring mechanism. The duty rate will be 6.8 percent ad valorem.

Section 304 of the Tariff Act of 1930 as amended, states that all articles entering the commerce of the United States must be marked with the country of origin as permanently and conspicuously as the article will permit. Please ensure that these requirements are met.

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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